K 


Ufiivefsity  of  Texas. 


mfummuL^iuminm  wii 


LIBRARY 

UNIVE.iSnV  Of 
CALIFORNIA 

SAN  DIEGO 


L.X> 

S'552> 


HISTORY 


UNIVERSITY  OFTRXAS 


BASED  ON  FACTS  AXD  RECORDS. 


FIRST   EDITIO^\ 


BY   J.  J.   LANE 


AUSTIN: 

HENRY  HCTCHINGS  STATE  PRINTER. 
1891. 


Entorpri  aooordiTi]Er  to  Act  of  Congress  in  the  year  eighteen  hundred  and  ninety-ono 

BY  J.  J.  LANE, 
In  tlie  office  of  the  Librarian  of  Congress  at  Washington. 


DEDICATION. 

In  considekation  of  thi:ik  substantial 

gifts  to  the  university  of  texas.  this  volume  is 

k15spectfully  dedicated  to  its  first  donors,  and 

to  all  friends  of  university  education. 


PREFACE. 


As  no  regular  history  of  "Tlie  University  of  Texas" 
has  been  published,  so  that  little  is  known  outside  the 
State  as  to  the  inception  and  progress  of  the  institution, 
pains  have  been  taken  in  this  work  to  elaborately  pre- 
sent the  facts  as  to  its  origin,  the  social  and  political 
tendencies  aflecting  its  establishment,  the  great  diffi- 
culties it  has  had  to  encounter,  and  its  peculiar  status, 
as  the  apex  of  public  instruction,  needing  to  be  better 
harmonized  with  the  State's  educational  system. 

Nothing  can  do  more  to  reconcile  and 'adjust  local 
differences  to  the  general  good  and  remove  prejudices 
which  so  strangely  exist  against  university  education, 
or  more  especially  its  promotion  by  State  aid,  than  the 
publication  of  the  history  of  the  higher  establishments 
of  learning  in  the  different  States ;  and  one  object  in 
the  publication  of  this  volume  is  to  contribute  to  that 
important  end,  in  the  hope  it  may  work  some  advan- 
tage to  the  Texas  University.  With  this  view  the  writer 
has  used  without  special  reserve  every  important  state- 
ment he  could  bring  to  bear  upon  the  subject  which  was 
calculated  to  enlighten  public  opinion  and  effect  favor- 
able action.  It  is  only  in  this  way,  and  by  constant 
presentation,  that  the  public  mind  can  be  impressed  so 
as  to  reach  needed  reforms  in  State  management  of  the 
most  complex,  perhaps,  of  all  public  institutions — State 
Universities. 

In  many  of  the  more  important  instances  usual  his- 
toric methods  have  been  varied  by  letting  those  who 
have  figured  most  prominently  in  the  rather  remark- 
able record  presented  speak  out  somewhat  freely  in  the 
glow  of  their  own  language,  rather  than  recast  to  con- 
dense their  utterances,  where  their  fullness  served  for 
finer  tracery  to  make  the  outlines  more  attractive  as 


vi  PREFACE. 

well  as  authoritative.  At  the  same  time  the  writer's 
ambition  has  been,  not  so  much  for  display  as  to  repro- 
duce facts  and  group  them  together  for  easier  reference 
by  the  public,  in  order  to  direct  more  liberal  attention 
to  the  question  of  higher  education  in  Texas,  and  espe- 
cially to  promote  the  welfare  and  success  of  the  Uni- 
versity as  a  State  institution.  If  this  is  accomplished 
he  will  feel  that  he  has  rendered  important  service  to 
the  State  as  well  as  to  the  Universitv. 

J.  J.  L. 
Austin,  Texas,  March  17.  1H91. 


CONTENTS. 


Illustrations—  University  of  Texas  Front  piece 

Agricultural  and  Mechanical  College Page  144. 

Medical  College  at  Galveston Page  160. 

Sealy  Hospital  at  Galveston Page  173. 

Chai'ter  I— Origin  op  the  Univkksity.  Page 

Early  Interest  in  Education 1 

Selection  of  "College  Hill" 3 

President  Xamar's  Foresight 3 

An  Abnormal  Branch 6 

Views  of  Leading  Men 12 

Necessity  for  the* University 20 

Message  of  Governor  Roberts 21 

Judge  Terrell's  Argument ^ 22 

Bonds  of  -Doubtful  Validity'" * 24 

Laying  tlie  Corner  Stoue 26 

The  University  in  Politics 30 

Difficulties  Encountered ■'il 

War  with  University  Branches  o5 

The  State  Grange  and  the  University •'»6 

Rights  of  Colored  Students 57 

Question  of  Removal  of  the  College 59 

The  University  and  the  State 65 

"Whose  University?". 70 

'The  All  Around  Outcome" i'2 

Retrospect  and  Prospective 74 

CnAP'i'ER  II— The  Universitt's  Resources. 

The  University  Endowment 75 

Texas  University  Lands 78 

The  Grants  of  1 ,000,000  Acres  Each 81 

The  State's  Laud  Management 82 

Old  'Jndebtednrss  to  the  University 85 

Action  of  the  Twentieth  Legislature 87 

The  University's  Finances 92 

The  Comptroller's  Statements 100 

University  Fund  Account 102 

Summary  of  University  Land  Sales 104 

Further  Action  of  the  Legislature 108 

Question  of  Confederate  Money  130 

The  University's  Claims 130 

Land  Commissioner's  Statement 133 

Action  of  the  University  Regents 135 

Organic  Law  Affecting  the  University 137 


viii  CONTENTS. 

The  -A.  and  >!,  CDllege"  Branch  139 

The  Prairie  View  INormal  School 143 

Inventory  of  A.  and  M.  College  Property 145 

Branch  for  Colored  Students 150 

The  Academic  Departuent 151 

The  Law  Department 156 

The  Medical  Department 156 

Medical  Department  Buildings 159 

The  Federal  College  Land  Grant 173 

Education  of  Colored  Children         177 

Chaptek  III — Establishing  the  University. 

"Colleges  or  Universities" 179 

The  University  and  the  Free  Schools 181 

University  Act  of  1858 190 

Efforts  for  "Two  Universities" 193 

Recommendations  of  the  Teachers'  Association 195 

Action  of  the  Seventeenth  Legislature 197 

University  Act  of  1881  204 

Action  of  the  Legislature  of  1882 208 

Right  to  State  Appropriations 227 

Status  as  to  the  Free  School  Fund 245 

First  Steps  Towards  a  University  247 

Locating  the  Institution 249 

Administrators  and  Regents 2~>0 

The  Financial  Outlook 253 

The  Main  Building 254 

Inaugural  Exercises  at  Austin 258 

Brief  Sketch  of  the  L'niversity 265 

First  University  Faculty 268 

•  'Big  Boost  for  the  University" 270 

Correlation  with  the  Public  Schools 272 

Methods  of  Instruction 272 

Co-education  in  the  University 273 

Annual  Attendance  of  Students 274 

University  Faculties  and  Officers 275 

University  Summer  Normal 283 

The  Brackenridge  Donations 284 

Appeal  from  the  College  and  University 286 

fssue  as  to  Regents'  Term  of  (Jffi.  e 287 

Chapter  IV— Conclusions. 

University  Addresses 289 

Posthumous  Philanthrop3' 313 

Millions  in  Educational  Bequests 316 

Death  of  Hon.  Ashbel  Smith 317 

Bibliography  of  the  University 322 

ERRATA. 

Read  "seems  not,''  in  line  4 52 

Read  "the  University's,"  after  ''its,"  line  2 71 


G 
2: 

< 


,i<£,,j''ii'|lll':iiii'fc|ll'Hllll'J,|.,'n  ■I'l^fr'^-I 


«EP%^ 


^***^'-^s5s«*i._^. 


iiiiiiiiiiiiiliiiiiiiiiiiiliiiiliiii 


THE  UNIVERSITY  OF  TEXAS. 


CHAPTER  I. 
ORIGIN    OF    THE  UNIVERSITY. 

Before  noticing  the  final  organization  and  opera- 
tions of  the  University,  a  review  of  its  history  will  be 
not  only  interesting,  but  important  to  a  proper  appre- 
ciation of  such  difficulties  as  the  University  of  Texas, 
in  common  with  other  State  universities,  and  espe- 
cially on  account  of  State  supervision,  has  had  to  en- 
counter. To  this  end,  extracts  from  the  law,  the  rul- 
ings of  State  officials,  and  the  expressions  of  public 
speakers,  together  with  criticisms  of  the  press,  will  be 
given,  with  such  comments  as  may  suggest  themselves 
to  the  writer,  by  reason  of  familiarity  with  the  Univer- 
sity's history  and  access  to  early  records. 

So  far  as  relates  to  the  substantial  history  of  its  or- 
ganization, and,  on  account  of  the  comparative  infancy 
of  the  institution  rendering  it  practicable,  it  is  aimed 
to  make  the  account  as  complete  as  necessary  for  all 
reference  to  the  main  facts,  as  well  as  a  sufficient  guide 
to  those  who  may  desire  to  search  for  more  minute  in- 
formation. Nor  will  truth  be  spared,  as  is  often  done, 
on  account  of  local  influences,  because  not  always 
agreeable,  as  that  would  be  travesty,  and  the  object  is 
to  bring  out  the  fullest  developments  in  the  interest  of 
history,  and  especially  the  unwritten  history  of  the 
University.  With  this  view  the  writer  has  not  hesi» 
tated  to  use  pretty  freely,  with  proper  credit,  such  mat- 
ter as  he  has  found  already  prepared,  where  it  particu- 
larly suited  for  the  purpose. 

EARLY    INTEREST    IN    EDUCATION. 

As  an  evidence  of  the  great  concern  early  mani- 
fested in  the  cause  of  education  in  Texas,  precedent  to 


t  THE  UNIVERSITY  OF  TEXAS. 

the  establishment  of  the  University  as  a  State  institu* 
tion  and  consequent  part  of  a  general  system  of 
education,  it  was  provided  as  far  back  as  March,  1827, 
in  the  "  Constitution  of  the  State  of  Coahuila  and 
Texas,"  that  "  In  all  the  towns  of  the  State  a  suitable 
number  of  primary  schools  shall  be  established,  wherein 
shall  be  taught  reading,  writing  and  arithmetic,  the 
catechism  of  the  Christian  religion,  a  brief  and  simple 
explanation  of  the  constitution  of  the  State,  and  that 
of  the  Republic  (of  Mexico),  the  rights  and  duties  of 
man  in  society,  and  whatever  else  may  conduce  to  the 
better  education  of  youth  ;"  that  ''The  seminaries  most 
required  for  affording  the  public  the  means  of  in- 
struction in  the  sciences  and  arts  useful  to  the  State, 
and  wherein  the  constitution  shall  be  fully  explained, 
shall  be  established  in  suitable  places,  and  in  propor- 
tion as  circumstances  go  on  permitting;"  and  that  "The 
method  of  teaching  shall  be  uniform  throughout  the 
State,  and  with  this  view  also,  to  facilitate  the  same, 
congress  shall  form  a  general  plan  of  education  and 
regulate,  by  means  of  statutes  and  laws,  all  that  per- 
tains to  this  most  important  subject."  (Arts.  215,  2516 
and  217,  Title  VI  of  the  Constitution.) 

The  constitution  of  the  republic,  adopted  March 
16,  1836,  at  Washington,  Texas,  made  it  the  "duty  of 
the  congress  of  Texas  to  provide  by  law  a  general  sys^ 
tem  of  education  as  soon  as  circumstances  permitted." 
Then  came  the  act  of  the  congress  of  Texas  of  January 
14,  1839,  providing  for  the  selection  of  a  site  for  a 
University,  and  an  act  of  January  26,  at  the  same  ses- 
sion, requiring  the  president  of  the  republic  to  have 
surveyed  from  the  vacant  domain  of  the  republic,  fifty 
leagues  of  land  as  an  appropriation  for  the  purpose  of 
university  education.  Then  followed  provisions  by  the 
State  of  Texas  itself  for  establishing  "The  University 
of  Texas."  And  thus  in  the  language  of  the  University 
Regents:  "  The  idea  of  a  university  for  the  promotion 
of  the  arts  and  sciences  was  no  afterthought  to  those 
who  founded  the  State  of  Texas.  The  idea  of  a 
university  was  part  of  the  very  organized  foundation 
of  the  State  itself,  incorporated  from  the  first  into  its 
very  life,  and  vitalizing  its  best  hopes  for  the  future ;, 


THE  UNIVERSITY  OF  TEXAS.  3 

SO  that  holding  fast  to  the  University,  with  the  same 
tenacity  as  to  the  common  schools,  is  but  carrying  out 
the  policy  conceived  with  the  very  birth  of  the  State." 

SELECTION    OF    "COLLEGE    HILL." 

The  congress  of  Texas  passed  an  act,  which  was 
approved  January  14,  1839,  providing  for  the  election 
of  five  commissioners  to  select  a  site  for  the  location  of 
the  seat  of  government  to  be  named  the  city  of  Austin, 
and  for  an  agent  to  have  said  site  purchased  or  con- 
demned for  the  use  of  the  State,  and  to  have  it  laid  off 
into  lots  and  sold  ;  and  further,  before  the  sale,  "  to  set 
apart  a  sufficient  number  of  the  most  eligible  for  a  cap- 
itol,  arsenal,  magazine,  university,  academy,  churches, 
common  schools,  hospital,  penitentiary,  and  for  all 
other  necessary  public  buildings  and  purposes."  (Acts 
first  session,  Third  congress.)  The  beautiful  eminence 
which  was  selected  for  the  University  was  at  the  time 
covered  with  a  grove  of  magnificent  live  oaks  and  re- 
mained unoccupied  for  forty  years,  all  of  which  time 
it  was  known  as  "  College  Hill."  It  was  not  till  the 
last  war  that  it  was  despoiled  of  most  of  its  grand  forest 
growth  by  an  army  engineer  who  had  several  hundred 
of  the  trees  cut  away  as  obstructions  in  his  plan  of  de- 
fense of  the  city. 

PRESIDENT    LAMAR's    FORESIGHT. 

As  early  as  1836  it  was  provided  in  the  constitu- 
tion that  "  It  shall  be  the  duty  of  congress,  as  soon  as 
circumstances  Avill  permit,  to  provide  by  law  a  general 
system  of  public  education ; "  and  in  1839  President 
Lamar,  in  his  address  to  the  congress  of  Texas,  speak- 
ing of  education,  said :  "  It  is  a  subject  in  which  every 
citizen,  and  especially  every  parent,  feels  a  deep  and 
lively  concern.  It  is  one  in  which  no  jarring  interest 
is  involved,  and  no  acrimonious  feelings  are  excited, 
for  its  benefits  are  so  universal  that  all  parties  can  cor- 
dially unite  in  advancing  it. "  He  advocated  and  urged 
that  congress  provide  by  appropriation  from  the  im- 
mense public  domain  for  both  elementary  and  higher 
education.     His  views  met  with  a  ready  response  in 


4  THE  UNIVERSITY  OP  TEXAS. 

congress,  and  early  in  1839  the  act  was  passed  making 
an  agrarian  endowment  for  public  education  on  which 
is  based  the  State's  provision  for  elementary  and  uni- 
versity  or  higher  education.  (Act  of  Texas  congress, 
January  26,  1839.) 

The  prescience  of  Lamar's  conviction  was  expressed 
in  his  argument  that  landed  provision  for  so  import- 
ant a  matter  as  public  education  should  be  made  while 
the  domain  was  ample  for  such  purpose  before  the  set- 
tlement of  the  country  rendered  it  impracticable ;  and  it 
was  to  the  wise  and  patriotic  foresight  of  the  "Fathers 
of  the  Republic  "  that  the  people  of  Texas  are  now  in- 
debted for  the  grandest  school  patrimony  perhaps  in 
the  world,  say  thirty  million  acres  of  free  school  do- 
main, worth  at  least  sixty  million  dollars,  besides  over 
two  million  acres  of  University  lands. 

Somewhat  similar  to  Lamar's  plea  was  that  of 
President  Gambetta,  when,  many  years  after  in  the 
French  chambers,  in  arguing  in  favor  of  public  educa- 
tion— and  a  fortiori,  it  would  seem  the  higher  such  edu- 
cation the  better,  he  said:  "We  place  the  interest  of 
public  instruction  above  all  personal  quarrels,  and  it 
pleases  me  to  see  that  in  the  midst  of  the  inevitable 
antagonisms  of  public  life  all  good  citizens  are  united 
on  this  point.  Of  all  the  efforts  of  thinkers,  writers 
and  statesmen,  there  is  only  one  which  is  really  effica- 
cious, profound  and  productive,  viz.,  the  diffusion  of 
education — that  social  capital,  the  best  of  all  capitals, 
which  gives  every  man  who  comes  into  the  world  the 
means  of  gaining  all  other  capitals,  and  thus  of  secur- 
ing a  position  without  force,  without  violence,  without 
civil  war. " 

Conclusive  as  such  arguments  appear  it  is  never- 
theless strange  that  strong  opposition  to  higher  educa- 
tion, and  especially  "the  university  idea"  for  its  pro- 
motion, seems  to  have  been  encountered  in  Texas  as  far 
back  as  in  1839,  and  from  no  less  distinguished  an 
opponent  than  President  Houston,  one  of  the  greatest 
minds  and  foremost  thinkers  of  the  whole  country,  who 
is  said  to  have  combatted  the  proposition  to  establish  a 
TJniversity  as  "a  project  for  favoring  the  rich  at  the 


THE  UNIVERSITY  OF  TEXAS.  5 

expense  of  the  poor ;"  *  and  that  all  along  the  line  since 
for  half  a  century,  such  opposition  has  been  indirectly 
voiced  against  the  University,  not  on  account  of  a 
laudable  enough  and  natural  preference  of  the  masses 
for  the  common  schools  as  being  nearest  home  to  their 
necessities,  but  on  account  of  a  blind  prejudice  in  their 
favor  05  against  a  University,  as  something  hostile,  in- 
stead of  being  adjunct  to  a  perfect  system  of  public  edu- 
cation, or  beautiful  capstone  to  the  political  structure  oi 
a  well-rounded  system  of  public  instruction  from  the 
broad  base  of  the  common  schools  to  the  apex  of 
university  finish.  The  dominance  of  such  sentiments 
in  public  affairs  as  are  credited  to  Houston  and  his 
masterly  influence  doubtless  retarded  the  organization 
of  the  University  for  a  long  period.  Even  great  men 
little  imagine  sometimes  the  effect  of  their  examples, 
and  how  far  their  utterances  may  "  go  sounding  down 
the  corridors  of  time." 

Not  only  has  the  University  of  Texas  had  to  con- 
tend all  along  with  popular  prejudice  against  the 
'*  university  idea  "  of  higher  education,  but  it  had  to 
contest  such  recurring  influences  in  legislation  and  the 
State  departments.  Like  such  institutions  in  other 
States  it  has  been  the  victim  of  capricious  enactments, 
its  necessities  being  too  often  disregarded,  and  in  some 
instances  its  funds  being  imperiously  diverted  by  the 
legislature  and  not  always  restored.  While  at  times  it 
has  been  munificently  treated  by  the  State,  at  others 


*  The  writer  can  find  no  published  declaration  of  Gen.  Houston 
to  this  effect,  but  has  authority  for  it  coiuing  down  from  those  who 
profess  to  have  been  familiar  with  his  views  on  the  subject.  Si  ill.  it 
is  not  given  as  absolutely  historical.  If  Gen.  Houston  was  really  op- 
pof^ed  to  the  es-tablishment  of  a  State  University,  it  was  poi-sibly  not  so 
much  on  account  of  objection  to  university  education  per  se,&»  a  sys- 
tem for  State  adoption,  as  an  idea  that  Texas  was  not  then  prepared 
for  such  an  advance  in  educational  method*.  Or  it  may  be  he  was  op- 
posed to  establishii.g  a  Univeri^ity  on  the  same  ground,  advanced  in  the 
time  of  Jefferson  to  Governor  Nicholas  of  Virginia  by  the  president  of 
William  and  Mary  College,  who  declared  that  he  prrsamed  the  object 
of  aid  from  Virjiinia.  that  is  from  the  "literary  fund.  "  was  to  "inform 
tho;e  who  must  otherwise  ri-main  ignorant  in  the  humbler  but  more 
important  pats  o'  knowl^-dge  than  to  tnake  a  comparatively  few  pro- 
ficient in  the  sublimer  parts  of  know  edere.  " 

Gen.  Houstn's  views  as  to  a  University,  so  far  as  published  and 
given  in  his  message  while  subsequently  governor  of  the  State,  are 
cited  in  another  part  of  this  volume  under  the  caption  of  "The  Uni- 
versity in  Politics. " 


«  THE  UNIVERSITY  OF  TEXAS. 

the  State  through  its  legislature  has  even  denied  any 
indebtedness  to  it  for  moneys  absolutely  taken  for  pub- 
lic exigencies  from  the  University  fund.  Such,  with 
other  reasons,  which  will  be  referred  to  further  along  as 
they  present  themselves  in  the  history  of  the  institu- 
tion, were  great  difficulties  with  which  the  University 
has  had  to  contend. 

AN    ABNORMAL    BRANCH. 

The  organization,  years  before  the  University  got 
into  operation,  of  the  Agricultural  and  Mechanical 
College  at  Bryan,  a  rather  abnormal  because  antagon- 
istic branch  of  the  University,  on  account  of  its  being 
under  a  separate  board  of  management,  and  its  heavy 
drafts  upon  the  University's  fund,  in  face  of  the  Uni- 
versity's needs  for  the  main  establishment  at  Austin, 
made  the  distribution  of  the  fund  by  the  legislature  a 
source  of  contention  between  the  University  and  the 
College,  the  latter  generally  winning  as  the  favorite  of 
the  farmers  on  account  of  that  element's  preponderat- 
ing influence  in  legislation. 

The  College  was  provided  for  under  the  benefits 
of  the  act  of  congress  of  July  2,  1862,  to  which,  under 
the  State's  acceptance  of  the  provisions  of  the  act,  it  owes 
its  origin.  Under  this  act  the  State  received  for  the 
College  one  hundred  and  eighty  thousand  acres  of  land 
scrip  which  was  sold  under  authority  from  Governor 
Davis  by  J.  P.  Newcomb,  secretary  of  state,  in  1871  at 
87  cents  an  acre.  The  amount  realized  from  the  scrip 
was  $156,600,  wnth  which  bonds  were  purchased  to  the 
amount  of  $174,000.  There  was  due  in  the  way  of  ac- 
cumulated and  unpaid  interest  on  these  bonds  Febru- 
ary 1,  1876,  $45,280,  for  which  payment  was  provided 
by  State  bonds  at  6  per  cent.  An  investment  was 
made  of  $35,000,  of  these  bonds,  so  that,  according  to 
report  of  Col.  A.  J.  Peeler  of  the  board  of  directors, 
the  endowment  of  the  College  then  stood,  January  20, 
1881,  as  follows; 

Seven  per  cent  gold  bonds,  interest  payable  semi-annually, 
September  1  and  March  1 $174,000 

Six    per  cent    gold   bonds,   interest  payable  semi-annually, 

January  1  and  July  I ". 35,000 

Total  principal $209,000 

Annual  interest .       14,280 


THE  UNIVERSITY  OF  TEXAS.  7 

According  to  the  effect  of  the  general  requirements 
of  the  act  of  congress  this  $174,000  had  to  remain  a  per- 
petual fund  for  the  College,  except  that  10  per  cent  of 
the  amount  might  be  expended  by  the  State  for  lands 
for  sites  or  experimental  farms,  and  that  the  annual  in- 
terest of  the  fund  was  to  be  regularly  applied  without 
diminution  to  the  purposes  mentioned  in  the  fourth 
section  of  the  act,  to-wit :  The  "  support  and  mainte- 
nance of  at  least  one  college  where  the  leading  object 
shall  be,  without  excluding  other  scientific  and  classical 
studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and 
the  mechanic  arts,  in  such  manner  as  the  legislatures  of 
the  States  may  respectively  prescribe,  in  order  to  pro- 
mote the  liberal  and  practical  education  of  the  indus- 
trial classes  in  the  several  pursuits  and  professions  of 
life." 

By  act  of  March  9,  1875,  the  State  authorized  the 
use  of  as  much  of  the  annual  interest  ($14,280)  as 
"might  be  needed  to  pay  the  directors,  officers  and 
professors  of  the  College."  None  of  it  could  be  used  for 
purchase  or  preservation  of  buildings.  The  College  was 
opened  for  students  October  4,  1876,  and  was  further 
operated  in  1877,  under  the  effects  of -^he  constitution 
of  1876,  making  it  a  "  branch  of  the  State  University," 

Following  the  provision  of  the  general  govern- 
ment, the  State's  lavish ness  to  the  College,  and  largely 
from  the  University's  fund,  is  shown  by  a  writer  in  the 
Austin  Statesman,  who,  after  reviewing  the  points  in- 
volved  in  the  conflict  of  interests  between  the  two  in- 
stitutions, presents  the  following  pertinent  facts  and 
conclusions: 

"  According  to  the  report  of  the  managers  of  the 
Agricultural  and  Mechanical  College  in  1887,  the  in- 
come of  the  College  for  two  years,  from  January,  1885, 
to  January,  1887,  is  thus  exhibited: 

TWO  years'  receipts. 

January  to  June,  1885  : 
From  Agricultural  and  Mechanical  College $7,937  08 

June,  1885,  to  June,  1886  : 

From  AsricuUnral  anfl  Jfef^hanical  College 23,(539  21 

From  State  of  Texas,  general  revenue. 10  OUU  00 

From  State  of  Texas,  University  fund 5,000  00 


8  THE  UNIVERSITY  OF  TEXAS. 

June,  1886,  to  January.  1887  : 

From  Agricultural  and  Mpchaaical  College 16  479  51 

From  State  of  Texas,  peneral  revenue  10,000  00' 

From  State  of  Texas,  University  fund 3,151  60 

Total  leceipts $76,187  50 

"  Balance  of  cash  on  hand,  $7,037,  which  includes 
about  $1,860  of  the  appropriation  from  the  UniverBity 
fund.  An  annual  income  in  round  figures  of  nearly 
$40,000  for  a  single  branch  of  the  University. 

"In  the  above  exhibit  the  words  'from  Agricul- 
tural and  Mechanical  College, '  include,  as  the  report 
explains,  all  money  received  from  all  sources  other 
than  the  State  appropriation  (which  appropriation  is 
made  out  of  the  State  and  University  fund)  viz.:  'From 
students,  professors,  officers,  sale  of  farm  products,  etc. ' 

"ihese  Agricultural  and  Mechanical  College  items 
foot  up  $48,085.80  for  the  two  years,  $24,000  in  round 
figures  for  each  year. 

"The  assured  income  of  the  College  for  the  next 
year  may  thus  be  fairly  estimated  : 

From  the  United  States  grant $14,280 

From  students,  professors,  etc 24,000' 

Total $38,280 

Add  from  United  States  experiment  appropriation 15,000 

Total $50,280 

Independent  of  what  is  expected  from  the  Twentieth  legislature 
out  of  State  revenue  and  University  fund  15,000^ 

Grand  total $65  280 

"The  College  has,  from  its  federal  donation,  a  pro- 
ductive fund  of  $209,000,  and  has  had,  as  part  of  the 
|298,787  below,  appropriations  amounting  to  $50,000, 
besides  $2 1 ,000  for  State  students  at  the  College,  making 
$71 ,000  taken  out  of  the  University  fund.  Besides  this 
there  has  been  diverted  from  the  same  convenient 
source,  $14,495  for  the  Prairie  View  colored  school, 
which  was  never  a  branch  of  the  University,  but  is 
claimed  to  be  a  branch  of  the  Agricultural  and 
Mechanical  College. 

Thus  it  will  be  seen  the  College  has  had  from 
various  sources : 


THE  UNIVERSITY  OP  TEXAS.  9 

From  the  United  States  grant $209  000 

From  the  general  State  revenue  proper,  $298,787  less  $71,000. .     227,787 

From  the  fund  of  the  University 71,000 

From  the  8ame  fur/d  for  the  colored  school,  controlled  by  the 
Agricultural  and  Mechanical  College 14.496 

Total  funds  controlled  by  the  College $522,233 

''As,  however,  it  is  claimed  for  the  College  that  it 
has  derived  no  benefit  from  the  $21,000  used  for  fcstate 
students,  nor  from  $14,496  which  it  controls  for  the 
colored  school,  still  there  is  left  the  munificent  balance 
of  $4ftG,787,  of  which  the  College  has  been  the  sole 
beneficiary.  Even  to  this  amount  should  be  added 
land  and  residences  valued  at  $17,912,  donated  to  the 
College  by  Brazos  county,  thus  swelling  the  suVjsidies 
and  wealth  of  the  College  to  the  princely  sum  of  over  a 
half  million  dollars. 

"Ihe  total  permanent  improvements  of  the  Col- 
lege, per  last  report  of  the  directors,  amounts  to  $194,- 
662,  embracing  among  the  principal  items  : 

One  main  four  story  brick  building $100,000 

One  steward's  hall  and  adjuncts 35.000 

Five  professor's  residences 15,000 

Stable  and  barn 1,500 

Frame  work  shop  4,000 

Frame  farm  house 1,000 

Brick  iron  working  shop 5,000 

Store  room  mess  hall 2,500 

Large  barn 2.500 

Sixteen  brick  cisterns,  $200  each 3,200 

For  fences 4,000 

"The  equipments  of  the  College  are  footed  at  $34,- 
310,  including  $5,030  for  tools  and  machinery;  about 
$7,000  for  furniture;  $7,000  for  chemical  apparatus; 
about  $4,000  for  library ;  about  $6,000  for  cattle  and 
other  stock;  $1,600  for  farm  implements;  $1,800  for 
surveying  and  engineering  instruments. 

Total  estimated  value  of  permanent  College  prop- 
erty: 

Land,  buildings  and  fences $194,662 

Permanent  equipment 34,310 

Grand  total $228,972 

"  So  much  for  the  wealth  wdiich  has  been  bestowed 
upon  the  College.  Now  let  us  see  how  beggarly  in  the 
comparison  have  been  the  resources  of  the  University. 
True,  the  University  has,  after  being  deprived  of  over 


10  THE  UNIVERSITY  OF  TEXAS. 

1,200,000  acres  of  its  legitimate  patrimony,  as  shown 
in  a  previous  article  of  the  Statesman,  2,000,000  acres 
of  land  left— something  which  sounds  grand  enough 
in  figures,  but  which  was  much  of  it  dry  sand  flats,  and 
as  a  whole,  under  the  impolicy  of  the  land  board,  has 
been  about  as  productive  of  revenue  as  if  selected  from 
the  arid  wastes  of  Sahara.  In  fact,  comparatively  little 
of  it  has  been  sold  or  leased  under  the  arbitrary  and 
stifling  acts  of  the  land  board. 

"Thus  it  will  be  seen  that  with  the  exception  of 
interest  on  land  notes  and  a  few  thousand  dollars  from 
leases  of  the  limited  quantity  of  lands  utilized,  the  in- 
come of  the  University  is  confined  almost  exclusively 
to  the  interest  on  the  bonds,  which  is  an  amount  barely 
enough  for  its  running  expenses  and  far  short  of  what 
has  been  shown  to  be  the  income  of  the  College. 

"It  maybe  added  that  the  University  itself  has 
barely  had  means  to  pay  for  and  equip  its  building, 
•even  in  its  present  partially  constructed  and  imper- 
fectly equipped  condition.  Taking  the  average  in 
round  figures  the  University  has  had :  First  session, 
say  $48,000;  second,  $48,000;  third,  $48,000;  total, 
$144,000,  against  which  the  College  has  had  nearly 
one-half  of  the  University's  available  resources,  and 
leaving  no  reserve  for  other  branches,  out  of  funds 
which  should  be  applied  for  the  running  expenses  of 
the  University  in  all  its  departments. 

*'Now, "  concludes  the  writer,  ''while  liberality  to 
the  College  is  commendable,  it  should  be  at  the  expense 
■of  the  State,  and  not  of  the  University,  or,  what  is 
morally  the  same,  not  out  of  what  it  has  given  the  latter, 
for  the  State  can  well  afford,  and  very  properly  as  the 
College  deserves,  to  be  liberal  to  the  College  without 
being  unjust  to  the  University.  " 

Latterly,  however,  more  liberal  and  equalizing 
action  by  the  governing  power  has  somewhat  restored 
the  equilibrium  and  produced  a  better  state  of  affairs 
between  the  College  and  the  University. 

The  absurdity  of  the  anomalous  relations  so  long 
existing  between  them  is  thus  forcibly  expressed  by 
the  University  Regents; 

"  The  college  at  Bryan  is  entitled  to  say  that  it  is 


THE  UNIVERSITY  OF  TEXAS.  11 

the  'technical  branch  of  the  University  at  Austin,'  but 
the  University  at  Austin  is  not  entitled  to  say  that  it 
has  a  technical  branch  at  Bryan.  In  the  opinion  of 
the  Regents  it  is  time  that  this  contradictory  relation- 
ship should  cease.  It  is  both  mischievous  and  absurd. 
It  is  absurd  because  it  contravenes  the  plainest  dictates 
of  common  sense.  If  the  College  at  Bryan  is  a  branch 
of  the  University,  the  University  certainly  has  a  branch 
at  Bryan,  and  the  Regents,  as  the  governing  body  of 
the  University,  should  control  and  regulate  this  branch. 
An  independent  board  as  the  governing  body  of  a  de- 
pendent branch  is  a  contradiction  in  terms,  and  there- 
fore an  absurdity.  But  it  is  something  worse  than  an 
absurdity:  it  is  an  element  of  mischief."  "^^ 

Mr.  Cavitt,  as  president  of  the  ))oard  of  directors 
of  the  College,  in  his  report  to  Governor  Ireland,  aims 
to  meet  this  ol)jection  of  the  University  regents,  as 
follows : 

''  The  wisdom  of  the  legislature  in  placing  the  Col- 
lege under  a  separate  management  is  fully  illustrated 
by  the  modest  estimate  of  the  regents  for  the  support 
of  the  College  in  case  it  should  be  entrusted  to  them. 
It  is  a  pure  question  of  administration,  and  not  of  art. 
If  the  College  can  be  more  successfully  operated  by  a 
board  responsible  directly  to  the  legislature,  and  more 
representative  of  its  interests,  then  a  mere  question  of 
appropriation  of  funds  should  not  be  allowed  to  in- 
terfere with  its  success.  As  now,  both  boards  can  bi- 
ennially present  their  estimates  to  the  legislature,  and 
with  a  full  knowledge  of  both  wants  and  resources,  the 

*  The  recent  appointment  of  Governor  Ross  as  president  of  the 
College  presents  the  further  anomaly,  which  has  existed  for  some  years 
in  its  liistory,  of  a  College  with  a  president,  which  is  a  branch  of  a 
University  without  a  president.  Governor  Ross,  probably  on  account 
of  this  anomaly,  has  expressed  to  the  writer  the  opinion  that  the  Uni- 
versiy  should  have  a  pre^iident.  The  matter  was  discussed,  too,  at  the 
last  meeting  of  the  reyrents,  all  of  whom,  except  Regent  Todd,  seemed 
to  favor  the  pi'oposition,  and  the  board  resolved  to  ask  the  legislature 
for  authority  to  appoint  one  or  not,  at  their  discretion. 

The  Texas  aad  Virginia  Universities  are  the  only  ones  in  the 
United  States  which  do  not  have  some  sueh  head  of  the  institutions  as 
a  chancellor  or  president.  Such  an  officer  is  needed  for  the  Texas 
University,  not  so  much  for  his  literary  accomplishments  as  for  execu- 
tive ability  to  watch  and  manage  its  material  interests,  develop  its  re- 
sources and  perfoet  improvemen's.  so  as  to  ke^p  the  institution  fully 
in  line  with  other  great  progressive  educational  institutions  of  the 
country. 


13  THE  UNIVERSITY  OF  TEXAS. 

legislature  will  appropriate  from  the  University  fund 
such  amount  as  this  College  may  be  justly  entitled  to."^ 

It  may  be  said  in  answer  to  this  that  there  is  no  rea- 
son to  believe  that  a  fully  reconstructed  board,  with 
control  of  the  entire  University,  including  the  College 
branch,  would  act  prejudicially  to  the  combined  inter- 
erests  or  any  interest  of  the  University  and  all  its 
branches  collectively  considered,  according  to  their  re- 
spective merits,  if  all  were  fully  placed  under  their 
control. 

As  if  anticipating  trouble  from  the  legislature  when 
the  University  came  to  be  established,  on  account  of 
the  conflicting  management  of  the  College,  Governor 
Roberts  in  his  message  to  the  Seventeenth  legislature 
made  the  following  recommendations:  "I  would  re- 
spectfully recommend  that  the  board  of  directors  of 
the  Agricultural  and  Mechanical  branch  of  the  Univer- 
sity be  dispensed  with,  and  the  number  of  regents  be 
enlarged  so  as  to  incorporate  in  the  same  body  the  di- 
rectors and  regents.  There  is  no  use  for  two  boards. 
A  positive  disadvantage  might  often  result  from  a  want 
of  harmony  between  them.  With  a  common  control 
by  the  board  of  regents  over  all  of  the  branches,  and 
provision  of  ample  means  to  support  them  all  and 
build  them  up  gradually  together  according  to  the  rel- 
ative importance  of  each  one,  all  strife  for  the  advance- 
ment of  one  to  the  prejudice  of  the  others  would  not 
be  allowed  to  exist,  and  each  one  could  have  its  due 
share  of  promotion  according  to  the  means  at  command, 
and  as  would  best  forward  the  interests  of  the  country. " 

VIEWS    OF     LEADING     MEN. 

Ex-Governor  Roberts,  now  one  of  the  law  profes- 
sors of  the  University,  Col.  Ashbel  ISmith,  first  presi- 
dent of  the  regents,  and  Hon.  A.  W.  Terrell,  among 
others,  have  been  active  promoters  of  the  Lamar  policy 
as  to  higher  education,  while  Governor  Ireland,  a  man 
of  vigorous  intellect  and  strong  convictions,  seems  to 
have  been  governed  by  something  like  the  Houston  idea, 
or  at  least  as  far  as  he  has  expressed  himself,  by  a  prefer- 
ence for  the  common  schools  as  quite  sufficient  for  the 
State  to  provide,  and   probably  better  for  the  people 


THE  UNIVERSITY  OF  TEXAS.  13 

under  his  view  of  the  situation  than  keeping  up  the 
expense  of  both  the  common  schools  and  the  Univer- 
sity. His  idea  more  properly,  perhaps,  was,  without 
really  opposing  the  University  plan,  to  have  a  more 
diffused  system  of  higher  education  by  means  of  "dis- 
trict colleges"  fairly  distributed  as  "feeders  for  a  Uni- 
versity, "  and  have  the  University  await  the  establish- 
ment of  the  colleges,  before  putting  it  into  operation, 
and  then  to  inaugurate  it  on  a  grand  scale.  State  Sen- 
ator Pfeuffer  was  noted  for  his  advocacy  of  something 
like  this  policy,  and  for  his  introduction  of  a  bill  ac- 
cordingly while  a  member  of  the  legislature  during 
Governor  Ireland's  administration,  in  which  bill  among 
other  features  he  provided  for  "  establishing  one  Uni- 
versity preparatory  school  in  each  congressional  district 
in  the  State  under  control  of  an  auxiliary  professor  at 
a  salary  of  $1,500  per  annum,  to  be  appointed  by  the 
University  board  of  regents,  which  schools  shall  be  or- 
ganized as  high  schools  in  harmony  with  the  Univer- 
sity course,  and  serve  as  feeders  to  the  University. " 

The  bill,  however,  did  not  pass  in  either  branch  of 
the  legislature. 

In  order  that  no  injustice  be  done  Governor 
Ireland  in  this  connection,  the  following  extract  is 
given  from  his  address  at  the  University  June  com- 
mencement in  18^4:  "A  good  deal  has  been  said 
about  an  antagonism  between  the  free  schools  and  the 
University.  I  do  not  think  there  is  any,  and  there 
should  not  be.  The  man  who  attempts  to  array  the 
one  against  the  other  is  a  friend  of  neither.  There  is 
room  for  both  if  wisely  managed.  They  may  be 
likened  to  a  shipwreck ;  all  are  afloat  with  one  plank 
between  them,  which  may  with  prudence  carry  all 
ashore ;  but  if  a  struggle  occurs  for  complete  possession 
all  will  probably  be  lost.  The  common  schools  could 
live  without  the  University,  but  the  University  cannot 
live  without  primary  and  collegiate  education.  The 
great  question  to  be  solved  is :  How  and  where  are 
students  to  get  their  education  to  fit  them  for  the 
University?  There  are  a  few  high  schools  in  Texas. 
The  schools  at  Independence,  Waco,  Georgetown,  and 
a  few  other  places  are  turning  out  good  scholars,  who 


14  THE  UNIVERSITY  OF  TEXAS. 

may  enter  the  University,  but  they  are  few.  There 
might  be  created  in  each  congressional  district  a  school 
of  high  grade,  placing  them  as  near  the  poor  young 
men  and  women  as  possible.  These  could  be  under 
the  patronage  of  the  University,  or  may  be  a  free  school 
system  proper.  This  is  a  mere  suggestion  ;  it  is  not  a 
pet  theme  of  mine,  but  I  have  heard  of  nothing  better." 

Governor  Ireland  claimed  that  his  policy  of  post- 
poning the  opening  was  best  for  the  University,  and 
that  he  advocated  it  purely  in  that  interest^  and  from 
no  spirit  of  hostility  to  the  institution. 

Dr.  Hadra,  of  San  Antonio,  while  one  of  the  Univer- 
sity regents,  like  Governor  Ireland,  opposed  what  he 
considered  the  premature  opening  of  the  University. 
Senator  Knittel  seemed  to  entertain  about  the  same 
views  as  those  of  Senator  Pfeuffer  as  to  the  College  and 
the  University. 

After  the  defeat  of  the  Pfeuffer  bill,  and  at  the 
close  of  the  session,  March  31,  1885,  Senator  Pfeuffer, 
rising  to  a  question  of  privilege,  addressed  the  senate 
at  considerable  length,  and  in  rather  remarkable  vein, 
using  the  following  strong  language  in  the  course  of 
his  address : 

"1  claim  the  right  in  these  last  hours  of  this  ses- 
sion, when  it  may  no  longer  be  urged  that  I  am  in 
debate  by  an  insiduous  move  on  questions  for  legisla- 
tion, to  reply  to  the  charges  that,  as  stated,  have  been 
made  in  a  thousand  forms — misrepresentations  that 
each  day  assume  new  phases. 

*'  I  was  made  chairman  of  the  committee  of  educa- 
tion at  this  session  of  the  legislature.  For  some  years 
past  I  have  been  one  of  the  directors  of  the  A.  and  M. 
College,  located  at  Bryan.  I  have  felt  a  profound 
interest  in  the  success  of  that  institution.  This  legisla- 
ture had  scarcely  met  when  we  heard  words  of  ridicule 
addressed  jigainst  the  A.  and  M.  College,  and  derisive 
sneers  at  its  efforts,  and  suggestions  that  it  be  aban- 
doned as  an  educational  institution  and  be  converted 
into  an  asylum.  These  enemies  of  the  A.  and  M.  Col- 
lege thought  that  it  was  inimical  to  the  State  Univer- 
sity at  Austin.  The  A.  and  M.  College  had  friends. 
There  were  those  amongst  us  who  believed  it  was  an 


THE  UNIVERSITY  OF  TEXAS.  1& 

institution  that  should  receive  the  first  care  of  the 
State.  We  may  have  been  of  opinion  that  the  class  of 
our  youth  that  the  A.  and  M.  College  proposed  to  cul- 
tivate was  as  important  to  the  State,  and  would,  when 
leaving  that  institution,  be  worth  as  much  for  her 
prosperity  as  urbane  scholars  versed  in  the  languages 
of  Greece  and  Rome,  or  proficient  in  the  soft  tongues 
of  Spain  and  Italy,  the  brilliant  language  of  France,  or 
the  stately  manliness  of  the  language  of  my  fatherland. 

"  There  were  some  who  thought  that  the  schools 
where  the  farmer's  sons  were  taught  the  nature  of  soils, 
the  chemistry  of  crops,  were  as  important  as  the 
schools  in  which  metaphysical  jargon  is  heard  in 
wrangling  from  morning  to  night.  There  were  some 
who  thought  that  sound  instruction  in  the  history  of 
domestic  animals,  a  knowledge  in  the  capacities  of 
their  different  breeds,  their  adaptability  to  our  climate, 
their  diseases  and  remedies  and  best  modes  of  rearing, 
their  anatomical  structure,  and  everything  necessary 
for  their  successful  management,  was  as  useful  as  the 
pleasing  science  of  entomology  that  may  expand  itself 
in  volumes  on  the  anatomy  of  the  carrion  beetle,  or 
tremendous  discussions  unfolding  the  purpose  the 
house  fly  or  the  swamp  gallinipper  serve  as  assistants 
in  hygiene  in  our  kitchens  and  around  our  poisonous 
lagoons. 

"  There  were  some  of  us  who  had  these  thoughts 
relating  to  the  relative  utility  of  the  two  classes  of 
what  is  termed  higher  education — the  one  looking  to 
grain  producers  on  our  farms  and  ranches,  the  other  as 
supplying  material  from  which  the  bench  and  the  bar, 
the  pulpit,  the  medical  corps,  are  recruited,  and  from 
which,  also,  come  the  vast  herd  of  idlers  that  is  too 
highly  cultivated  to  work  in  manual  labor,  and  too 
worthless  to  follow  out  any  line  for  which  their 
education  may  fit  them  to  be  useful  as  members  of 
society. 

"  We  think  we  may  be  pardoned  for  holding  in 
importance  the  science  which  teaches  our  youth  to  look 
to  the  earth  and  inspect  its  soils,  and  discern  the  hid- 
den powers  of  nature  that,  when  applied,  will  make 
teeming  crops  and  an  abundant  yield.     We  may  be 


16  THE  UNIVERSITY  OF  TEXAS. 

pardoned  if  we  think  this  science  equal  in  dignity  and 
equally  useful  with  the  science  that  would  consult 
the  stars  and  the  planets,  and  endeavor  to  determine 
their  occult  influences — influences  which,  if  discovered, 
could  never  be  controlled.  It  may  be  discovered  that 
spots  on  the  sun  control  vegetation,  and  the  phases  of 
the  moon  regulate  the  tides  and  the  weather ;  but  it  is 
beyond  the  powers  of  man  to  regulate  these  awful  in- 
fluences. Metaphysical  wranglers  may  worry  their 
minds  over  innate  ideas,  questions  of  time  and  space, 
or  even  the  calculation  of  the  number  of  angels  that 
might  dance  upon  a  needle  point.  The  practical 
knowledge  of  one's  own  self,  as  each  man  may  dis- 
cover, and  an  analysis  of,  and  knowledge  as  it  grows 
with  us,  and  a  knowledge  of  things  that  are  actual 
around  us,  are  as  worthy  of  thought  as  these  questions 
of  the  schoolman.  It  is  as  important  and  dignified  to 
know  how  to  stretch  and  preserve  the  skins  of  cattle 
slaughtered  with  the  knife,  and  save  their  meat  for 
food,  and  pack  it  in  barrels  with  salt,  as  to  be  able  to 
kill  the  ephemeral  butterfly  with  chloroform  and  pre- 
serve it  with  arsenic,  packed  away  in  a  show  case,  with 
a  Greek  name  in  polysyllables  pinned  on  its  back, 
doing  the  honors  of  an  epitaph  and  biography,  offered 
as  an  atonement  for  its  poor  little  life,  that  was  taken 
for  science's  sake  by  some  murderous  crazy  bug  hunter. 

"There  were  those  who  thought  the  studies  of  the 
proper  application  of  the  pulley,  the  lever,  the  wedge 
and  wheel  and  axle  to  aid  the  powers  of  man's  feeble 
muscles,  and  the  principle  of  machines  that  assist  to 
make  work  easy  and  redeem  men,  women  and  chil- 
dren from  a  life  of  toil,  were  quite  as  important  and 
dignified  as  the  study  of  the  mechanics  of  the  solar 
system,  or  as  the  dreams  of  the  fanciers,  who  imagine 
in  their  reveries  that  they  hear  the  music  of  spheres. 

"  Enough,  however,  of  these  comparisons  In  prac- 
tical life  and  practical  work  there  are  no  useless,  sense- 
less humbugs.  In  the  pastimes  of  science,  literature 
and  art,  there  are  thousands  of  things  that  the  world 
were  better  had  they  never  been,  but  being,  if  they  were 
forgotten.  Still,  in  contrasting  much  that  is  embraced 
in  polite  learning  with  the  useful  and  practical  knowl- 


THE  UNIVERSITY  OF  TEXAS.  17 

edge  needed  in  every  day  life,  let  it  not  be  understood 
that  those,  who  gave  dignity  and  importance  to  that 
which  is  useful  to  the  masses,  decried  or  tried  to  lower 
the  proper  dignity  of  higher  education  in  literature, 
science  and  arts.  While  there  is  much  of  chaff  in  the 
ordinary  so-called  higher  education,  its  aims,  objects 
and  effects  on  society  in  its  enjoyments,  its  govern- 
ment, its  strength  and  prosperity,  are  ail  important. 
The  mistake  that  has  been  made  is  by  the  zealous 
friends  of  higher  education  that  treats  of  the  polite 
branches.  They  have  lost  track  of  the  usefulness  of 
the  branches  that  should  be  taught  to  the  masses  in 
agriculture  and  mechanics  and  in  kindred  pursuits. 

"  Because  there  were  those  who  would  not  ignore 
the  necessity  that  the  State  should  endow  with  lavish 
hands  the  institute  that  looked  to  the  enlightenment 
of  the  masses  in  their  ordinary  pursuits,  they  were  pro- 
nounced enemies  of  higher  education — enemies  of  the 
great  State  University!  Never  was  a  more  unjust 
charge  uttered ;  never  was  there  a  party  more  grossly 
represented.  The  importance  and  dignity  of  both 
classes  of  education  were  fully  appreciated.  It  was  to 
distribute  the  revenues  provided  for  education  to  all 
these  subjects,  and  to  foster  all  the  institutions  that 
were  to  make  our  people  more  enlightened,  prosperous 
and  happy,  that  influenced  the  introduction  of  meas- 
ures in  regard  to  the  University  and  common  school 
establishments  that  my  name  has  been  coupled  with, 
much  said  to  my  detriment,  and  unjustly,  as  misunder- 
standing my  sentiments  and  misrepresenting  both  my 
opinions  and  the  measures  proposed  by  me  for  legisla- 
tion. " 

After  analyzing  and  defending  the  features  of  his 
bill,  Mr.  Pfeuffer  added  : 

"  I  have  covered  every  point  that  I  have  advocated 
in  the  bill  introduced  by  me.  I  have  acted  according 
as  I  have  thought  right,  in  the  introduction  of  this 
bill.  No  man  is  responsible  for  these  measures  other 
than  myself.  Owing  to  relations  of  close  friendship 
existing  between  me  and  Governor  Ireland,  he  has 
been  charged  by  those  vindictive  against  us  both,  with 
attempting,  through  me,  to  inject  these  measures  into 

2—1. 


18  THE  UNIVERSITY  OF  TEXAS. 

the  laws.  Not  one  word  of  proof  has  been  offered  in 
support  of  this  coalition,  and  the  assertion  rests  on  bare 
assumption.  I  can  do  no  more  than  enter  my  solemn 
protest  against  coupling  his  name  with  these  measures, 
because  he  neitlier  framed  them,  dictated  them,  nor  sug- 
gested them;  and  I  am  not  advised  as  to  how  far  he 
would  have  sanctioned  them  had  they  been  submitted 
to  him  as  legislative  acts  for  executive  sanction.  I  wish 
to  bear  all  this  burden  alone.  I  take  all  the  responsi- 
bilities. Since  unjust  criticism  of  the  press  has  called 
forth  these  remarks,  it  may  not  be  out  of  place  to  thank 
those  gentlemen  of  the  press  who  have  fairly  stated  the 
principles  in  the  bill,  and  who  follow  the  advice:  'To 
nothing  extenuate  or  naught  set  down  in  malice.' " 

As  to  Senator  PfeufFer's  assumption,  his  satire  ap- 
plies to  any  institution  of  mere  fanciful  methods  or  im- 
perfect means  of  instruction,  and  ma}^  therefore,  be 
and  in  fact  is,  if  applicable  to  either,  as  pertinent  to 
the  College  as  to  the  University.  He  proceeds  on  the 
false  assumption  that  nothing  practical  is  taught  at  the 
University,  and  loses  sight  of  the  fact  that  what  is 
taught  there  is  quite  as  important  to  the  great  mass  of 
the  people  as  anything  taught  at  the  College,  taking 
the  people  collectively,  since  all  students  at  the  College 
are  not  farmers'  sons,  and  few  who  are,  go  there  to  study 
agriculture  as  a  science  with  a  view  of  becoming 
farmers,  the  great  majority  of  them,  indeed,  aiming  to 
be  anything  but  farmers,  while  as  a  fact,  as  many  such 
students  attend  the  University  as  the  College. 

As  to  the  State  endowing  the  College  ever  so  lav- 
ishly, certainly  the  friends  of  the  University  have  never 
objected,  but  would  be  glad  to  see  it  continued  if  the 
State  would  use  the  general  revenue  or  some  other  than 
the  University  fund,  so  as  not  to  drain  the  latter  by 
excessive  appropriations  for  the  College.  Arguments 
like  Mr.  PfeufFer's  tend  only  to  show  that,  to  prevent 
such  contentions  as  are  in  question,  the  College,  which 
should  never  have  been  located  away  from  the  Univer- 
sity, should  be  transferred  to  the  University  home  at 
Austin,  where  agricultural  education  can  be  bestowed 
as  well  as  at  the  College  at  Bryan. 


THE  UNIVERSITY  OF  TEXAS.  19 

The  views  of  such  governing  minds  in  this  State 
as  those  which  have  been  referred  to,  with  others  which 
will  be  cited,  are  interesting  indices  in  the  history  ot 
liigher  education,  at  least  in  the  South.  As  for 
Governor  Ireland,  he  was  remarkable  as  a  self-made 
man,  known  in  early  life  as  "Ox  Cart  John,"  and 
sometimes  modestly  referred  to  his  own  experience  as 
an  illustration  that  a  university  education  was  not  a 
sine  qua  non  for  success.  It  may  well  be  added,  how- 
ever, that  while  few  men  succeed  like  Governor  Ire- 
land, by  the  force  of  natural  abilities,  even  he  would 
doubtless  have  been  still  more  distinguished  under  the 
higher  advantages  of  university  education. 

The  following  expressions  from  the  "university 
address,"  delivered  by  Gen.  D.  H.  Hill,  of  Georgia,  at 
the  Texas  University  commencement,  June  20,  1888, 
are  also  interesting  in  connection  with  the  policy  and 
great  influence  of  such  institutions: 

'*  I  believe  in  State  Universities.  I  believe  that 
the  cause  of  education  will  be  better  promoted  by  one 
institution  of  high  character  and  scholarship  than  by 
many,  very  many  institutions  of  lower  grade.  Long 
ago,  one  of  the  greatest  educators  the  South  has  pro- 
duced, in  appealing  to  the  legislature  of  South  Caro- 
lina for  more  generous  aid  to  its  State  college,  used  a 
remarkable  metaphor:  'One  sun  is  better  than  a 
thousand  stars.'  Dr.  Thornwell's  illustration  needs 
only  to  be  presented  to  the  mind  to  have  its  truth  felt 
and  acknowledged.  As  one  sun  diffuses  more  light 
than  a  thousand  stars,  so  one  grand  university  can  dif- 
fuse more  knowledge  than  a  thousand  schools  of 
inferior  grades.  As  the  planets  revolve  around  the 
sun  and  borrow  their  light  and  lustre  from  him,  so 
these  schools  should  derive  their  tone  and  culture  from 
the  university.  So  it  has  been  with  the  great  universi- 
ties of  England  for  the  past  eight  hundred  years. 
During  that  long  period  the  planets  have  not  more 
surely  reflected  the  light  of  the  sun  than  have  the  sub- 
ordinate colleges,  academies  and  schools  of  Great 
Britain  reflected  the  scholarship  and  intellectual  char- 
acter of  Oxford  and  Cambridge." 


20  THE  UNIVERSITY  OF  TEXAS. 

NECESSITY    FOR   THE    UNIVERSITY. 

As  to  the  occasion  for  the  establishment  of  the 
University  of  Texas,  and  the  success  of  the  institution, 
it  may  be  fairly  assumed  that  its  early  organization 
was  demanded  in  response  to  keen  desire  and  readiness 
in  the  public  mind  for  such  an  enterprise,  and  that  in- 
dependent of  good  or  bad  management  by  the  State  or 
regents,  or  both,  its  success  is  assured  as  an  economic 
necessity  in  educational  policy  to  stay  the  tide  of 
Texas  students  and  drain  of  Texas  money,  out  of  the 
State  to  other  institutions,  and  to  check  in  favor  of 
home  talent,  the  filling  of  Texas  teacherships  and  other 
professions  requiring  educated  talent,  with  outside  ap- 
plicants. The  people  felt  grated  at  the  necessary  pre- 
ferment, on  account  of  superior  education,  of  young 
men  and  women  from  other  States  to  fill  the  higher  po- 
sitions for  teaching  elocution,  the  fine  arts,  drawing, 
painting,  music,  architecture,  engineering,  etc.,  in  their 
own  schools  and  colleges,  and  the  success  of  superiorly 
educated  persons  from  other  States  to  the  detriment  of 
their  own  less  educated  sons  and  daughters.  Hence, 
parents  to  offset  the  odds  against  their  own  children 
sent  them  abroad  to  such  institutions  as  would  afford 
them  the  same  advantages  as  parties  possessed  who 
came  here  from  other  States  and  outstripped  them  in 
the  competition  for  home  work  and  places  of  honor 
and  profit.  Hence  it  is  that  the  names  of  Texas  stu- 
dents of  either  sex  have  so  long  largely  swelled  the 
registers  of  the  best  institutions  abroad,  simply  because 
such  institutions  have  the  reputation  necessary  to  at- 
tract ambitious  young  men  and  women,  or  the  children 
of  wealthy  parents  who  can  afford  to  give  them 
the  benefit  of  the  very  highest  educational  advantages; 
and  this  will  continue  to  be  the  case  to  a  large  extent 
till  the  University  of  Texas  is  brought  fairly  into  com- 
petition with  the  great  universities  of  the  country  by 
its  innate  grandeur  and  peership  in  rivalry  with  them. 
The  State  is  full  of  material  ripe  enough  for  university 
education,  and  it  is  not  "district  colleges  as  feeders,  " 
but  the  all-satisfying  repasts  of  a  grand  univei^sity's  ad- 
vantages that  are  wanted  to  materialize  home  talent 
into  development  at  home  institutions  for  home  work 
and  professional  excellence. 


THE  UNIVERSITY  OF  TEXAS.  21 

MESSAGE    OF    GOVERNOR    KOBERTS. 

Relative  to  this  subject  the  following  extracts  from 
the  message  of  Governor  Roberts,  April  6,  1882,  to  the 
Seventeenth  legislature,  are  interesting: 

"The  whole  question  about  the  establishment  of  a 
first-class  University  and  its  branches  is:  Shall  Texas 
give  her  own  native-born  sons  and  daughters  the 
facilities  for  fitting  themselves  to  occupy  those  higher 
walks,  so  necessary  in  the  proper  direction  of  her 
future  destiny,  or  will  she  leave  her  own  sons  and 
daughters  to  be  kept  in  a  lower  sphere  of  life,  and  be 
therein  directed  by  the  learning  and  skill  of  strangers, 
sons  and  daughters  of  other  States,  who  will  come  here 
and  fill  the  places  which  her  own  sons  and  daughters 
ought  to  occupy,  and  will  occupy  if  they  are  given  a 
fair  opportunity? 

"Every  great  State  should  rear  its  own  men  in 
every  stature  of  manhood,  of  intelligence  and  of 
culture,  according  to  their  capabilities,  upon  its  own 
soil,  and  thereby  engender  and  preserve  an  intense 
homogeneousness  in  the  character  of  its  population, 
which  must  result  in  the  concentrated  power  and  ele- 
vated prosperity  of  the  whole  body  politic  in  associa- 
tion. This  full  result  can  be  attained  only  by  promot- 
ing all  of  the  grades  of  education,  from  the  lowest  to 
the  highest,  in  harmonious  co-operation  adapted  to  the 
xiiversified  wants  of  every  class  of  people  whatever  may 
be  their  pursuits  in  life.  Nor  will  the  benefits  of  the 
University  and  its  branches  be  confined  to  the  sons  of 
the  wealthy  few.  By  no  means  will  that  be  so.  Place 
the  facilities  of  a  higher  education  before  the  people  of 
the  State,  make  it  a  reality,  make  it  complete  and 
cheap  by  a  splendid  endowment,  and  youths  all  over 
this  broad  land  who  catch  the  inspiration  of  high 
native  talent  in  our  common  schools,  will,  if  necessary, 
struggle  up  through  poverty  and  through  adversity  by 
labor  and  by  perseverance,  until  they  will  stand  in  the 
front  ranks  of  the  most  gifted  and  favored  in  the  halls 
of  learning,  and  afterwards  will  adorn  every  sphere  of 
life  with  their  brilliant  accomplishments  and  practical 
usefulness.  So  it  has  been  in  other  countries,  and  so  it 
will  be  here.     By  adding  two  million  acres  of  land  to 


22  THE  UNIVERSITY  OF  TEXAS. 

the  one  million  acres  heretofore  set  apart  for  the  Uni- 
versity, and  making  proper  arrangements  for  its  dispo- 
sition, a  permanent  lund  might  be  ac(  umulated  that 
would  ultimately  be  adequate  to  meet  the  expense  of 
establishing  and  maintaining  a  first-class  University." 

JUDGE  Terrell's  argument. 

"Such,"  said  Judge  Terrell  in  his  speech  in  the 
State  senate  on  a  bill  to  set  aside  two  million  acres  of 
land  to  endow  the  State  University  and  a  like  amount 
for  public  free  schools,  *  "  is  the  message  sent  to  us  by 
the  grand  old  man  who  sits  yonder  in  the  executive  of- 
fice, himself  a  child  of  adverse  fortune,  who  struggled 
up  through  poverty  to  a  higher  education." 

In  that  same  speech  Judge  Terrell,  referring  to  the 
affairs  of  the  University  at  that  time,  cited  *•  as  the 
available  fund  of  the  University  (exclusive  of  the  ap- 
propriation made  therefrom  to  the  Agricultural  and 
Mechanical  College  and  the  Prairie  View  Normal 
School),  $47,925,11;  bonds  marked  as  of  'doubtful 
validity'  by  a  former  Radical  State  administration, 
$134,472.26;  interest  thereon  from  January  1,  1867,  to 
April,  1876,  say  |62;473.58;  comptroller's  certificates 
of  indebtedness,  $10,300;  available  amount  from,  allow- 
ing interest  on  the  above  bonds  from  April,  1876,  to 
January,  1879,  when  the  bonds  matured,  $18,209.77. 

"The  annual  interest  as  estimated  by  the  comp- 
troller (which  makes  the  available  fund  of  the  Univer- 
sity) would  be  only  a  little  over  $20,000.  The  annual 
increase  in  sales  of  lands  will  not  be  over  $2,000  more. 
We  have  just  sent  to  the  other  house  a  bill  providing 
for  the  recognition  of  the  debt  on  the  bonds  of  'doubt- 
ful validity'  amounting  to  over  $134,000,  with  interest 
for  twenty  years.  This  is  the  third  time  the  senate  has 
by  a  large  vote  sent  this  claim  to  that  body  for  a  debt 
which  the  State  owes  from  University  money  used  by 
the  State,  about  which  no  honest  man  can  doubt,  and  I 
fear  the  house  will  exhibit  its  characteristic  feeling  to- 


*  It  is  a  singular  fact  in  Texas  learislation  that  bills  proposing  land 
donations  for  the  University  were  not  likely  to  pass  unless  th^y  mude 
Biuiilar  provision  for  the  free  schools,  so  as  to  attract  the  support  of 
the  latter's  special  advocates,  and  were  generally  so  framed  lor  that 
purpose. 


THE  UNIVERSITY  OP  TEXAS.  23- 

wards  this  'spoiled  child,'  as  the  University  has  been 
called,  by  still  refusing  to  pay  it.  "  [This  was  pro- 
phetic. The  bill  did  not  pass  and  the  bonds  were  not 
validated  by  the  legislature  till  18^3.] 

"  Now,"  continued  Judge  Terrell,  "out  of  the 
meagre  annual  resources,  shown  by  the  above  figures, 
the  University  buildings  must  be  constructed,  profes- 
sorships established,  an  astronomical  observatory 
erected  and  telescopes  procured,  a  chemical  laboratory 
pro\'ided,  philosophical  apparatus  and  geological  cabi- 
net secured,  and  many  other  things  necessary  to  a  first- 
class  university.  Even  a  fool  can  see  that  unless  a 
larger  endowment  in  money,  or  in  land  that  will  bring 
money,  is  obtained,  this  grand  enterprise  must  perish 
in  its  very  birth,  and  our  people  mubt  continue  every 
year  to  send  their  sons  and  daughters  to  other  States, 
with  over  half  a  million  of  money,  by  actual  estimate, 
for  their  university  education,  that  they  ma}^  come 
back  Kentuckians,  Virginians  and  Massachusetts  peo- 
ple. To  permit  such  a  state  of  things  to  continue  when 
we  can  endow  without  taxing  the  people  one  cent, 
would  not  only  be  wrong,  but  criminal. 

"The  ciy  that  the  University  will  be  'a  rich  man's 
school'  can  impose  on  no  one.  *  The  rich  can  send 
their  sons  and  daughters  abroad  to  other  States,  as  they 
do  now,  but  Texas  needs  both  for  them  and  her  poor 
boys,  a  fountain  of  learning  covering  the  whole  field 
of  knowledge,  of  which  all  may  taste.  But  suppose  it 
is  a  school  for  the  benefit  of  those  favored  by  fortune, 
in  the  name  of  common  justice,  who  should  object? 
The  property  holders  of  the  State  draw  from  their 
pockets  every  year  the  means  by  which  the  poor  are 
educated.  One-fourth  of  all  the  taxes  of  the  State 
are  paid  to  teachers  to  instruct  the  children  of  the 
thousands  who  pay  no  taxes,  and  of  the  common 
property  fifty  millions  of  acres  already  surveyed  have 
been  granted  as  a  perpetual  fund  to  endow  the  common 

*  This  objection  is  said  to  have  been  made  by  Gen.  Darnell,  who 
had  b-^en  speaker  of  the  Seventh  Corg:ress  of  the  Republic  of  Texas, 
in  1842.  and  speaker  of  the  Nineteenth  legir-lature  of  the  State,  in  18GI, 
and  by  other  prominent  members  of  the  convention  of  1875,  and  senms 
to  have  had  its  influence  as  late  as  in  the  Twentieth  legislature  of  the 
State. 


24  THE  UNIVERSITY  OP  TEXAS. 

schools  forever.  When  those  who  own  the  land  and 
pay  the  taxes  have  been  thus  liberal  with  the  taxes 
which  they  pay  every  year,  who  dare  complain  if  the 
State  shall  endow  a  university  to  afford  the  sons  and 
daughters  of  the  same  taxpayers  the  means  of  more 
advanced  instruction.  I  fail  to  appreciate  the  states- 
manship which  panders  to  class  prejudice,  grows  elo- 
que;it  over  '  common  schools,'  on  the  eve  of  an  elec- 
tion, and  yet  hangs  on  the  wheels  of  intellectual 
progress  because  all  men  are  not  rich.  Nor  further 
can  I  understand  that  statesmanship  which  would 
limit  the  aspirations  of  our  bright-eyed  boys  and  girls 
to  such  knowledge  as  the  common  schools  will  bestow." 

Bo^DS  OF    "doubtful   validity," 

The  history  of  the  bonds  referred  to  by  Judge 
Terrell  is  peculiar.  They  were  issued  in  lieu  of  |100,- 
€00  United  States  5  per  cents  which  the  State  had  do- 
nated to  the  University  in  1658,  but  were  used  mainly 
for  "frontier  defense,"  as  the  act  authorized,  during  the 
administration  of  Governor  Houston.  They  were  not 
validated  till  February',  1883,  when  the  Eighteenth 
legislature  allowed  the  University  $1 34,472. '^6,  the 
amount  of  the  bonds  issued  under  act  of  November 
1'.^,  186t),  and  $45,104.22  as  interest  on  that  amount. 
Thus,  only  |4o,l04.'i2  went  to  the  University's  avail- 
able fund  under  the  law  constituting  interest  on  bonds 
pait  of  such  fund,  but  the  University  had  to  lose 
f 9,472. 26  interest  on  the  same  bonds,  which  was 
merged  with  the  principal  in  the  $134,472.26  on  ac- 
count of  a  provision  in  the  constitution  of  1876  (Art. 
YII,  Sec.  1 1,)  that  "all  lands  and  other  property  here- 
tofore granted  or  that  may  hereafter  be  granted  to  the 
University  shall  become  permanent  fund  of  the  Uni- 
versity to  be  invested  in  bonds,  leaving  only  the  inter- 
est on  the  bonds  for  appropriation  as  available  fund."* 

*  Owing:  to  this  same  provision,  private  donations  to  the  Univer- 
sity to  endow  professorships  or  for  any  purpose,  were  impracrieable 
fcr  the  use  of  the  ava  lable  fund  till  the  Twenty  first  le<.Mslarure  passed 
acts,  intrnduf'ed  in  the  house  by  Re[)resentative  Brown  and  hy  Sen- 
at  r  McDonald  in  tl  e  senate,  legalizing  tliem  within  the  terms  of  the 
donations  so  as  to  c;irry  out  the  c)bjects  of  the  donors.  Both  acts  ap- 
pear almost  identical  in  the  laws  of  lb89. 


THE  UNIVERSITY  OP  TEXAS.  25 

The  idea  of  the  Republican  State  officials  as  to 
these  bonds  was  that  the  state's  transactions  in  them 
were  tainted  by  use  of  their  proceeds  during  the  Re- 
bellion, with  other  funds  amounting,  as  reported  No- 
vember 30,  1870,  by  Comptroller  Bledsoe,  to  $134,- 
472.--^6,  as  well  as  "$10,300.40  for  University  land 
sales."  Mr.  Bledsoe  at  first  reported  these  items  as  a 
^' valid  debt"  of  the  State,  but  afterwards,  by  implica- 
tion from  a  ruling  of  Attorney  General  Alexander  on 
a  similar  question,  classed  them  on  his  books  as  "  worth- 
less accounts,"  and  finally  dropped  them  from  his 
statement  of  the  public  debt.  Comptroller  Darden, 
however,  finding  them  on  the  books  of  the  office,  em- 
braced them  in  his  public  debt  statement,  and  in  his 
report  asked  the  legislature  to  pass  upon  the  question 
as  to  their  validity  or  invalidity. 

The  ruling  referred  to,  of  the  attorney  general,  was 
by  letter  October  26,  1880,  to  Com})troller  Bledsoe, 
that  "No  payments  made  during  the  Rebellion  by  the 
railroad  companies  to  the  school  fund  of  Texas  can  be 
regarded  as  valid,"  and  was  based  on  Sec.  34,  Art.  XII, 
of  the  State  Constitution  of  1859,  ratified  under  the 
reconstruction  acts  of  congress,  annulling  debts  in- 
curred in  aid  of  the  Rebellion. 

The  facts  show  that  Comptroller* Bledsoe  erred  in 
his  ruling.  The  bonds  were  issued  by  the  State  in 
place  of  the  United  States  bonds,  by  act  of  November 
12,  1866,  of  the  Eleventh  legislature,  whose  acts  have 
always  been  regarded  as  valid,  except  such  as  were  in 
aid  of  the  war  and  such  as  are  in  conflict  with  the 
constitution  and  laws  of  the  United  States,  and  such 
as  were  specially  set  aside  and  abrogated  by  the  mili- 
tary authorities  of  the  United  States.  The  above  act 
did  not  come  within  any  of  the  above  exceptions,  and 
is  therefore  binding  on  the  State,  as  finally  recognized 
by  the  Eighteenth  legislature,  in  validating  the  bonds. 
The  "  frontier  defense,"  for  which  some  of  the  funds 
were  used,  meant  defense  against  the  Indians  and  Mex- 
ican marauders  on  the  Rio  Grande.  They  were  not, 
as  Mr.  Bledsoe  supposed,  used  in  aid  of  the  Rebellion. 

In  an  alumni  address,  June,  1889,  Mr.  Hamilton 
thus  alluded  to  these  bonds  :     "  In  1860  the  legislature 


26  THE  UNIVERSITY  OF  TEXAS. 

in  cold  violation  of  the  law  took  from  the  sacred  fund 
of  the  University  this  $100,000,  and  gave  it  to  the 
general  revenue.  In  J 861  the  legislature  again  drew 
on  the  University  fund  for  $25,000,  making  in  all, 
principal  and  interest,  $134,492.26,  without  holding 
the  State  responsible  for  interest  on  that  amount.  And 
when  the  University  presented  her  claims  in  18b7,  the 
principal  and  interest  then  due  by  the  State  on  this 
loan  amounted  to  $190,000,  for  which  she  was  forced 
to  accept  $1^4,472;  and  that  too,  in  State  bonds,  paya- 
ble twelve  years  after  date." 

Governor  Ross,  when  a  member  of  the  State  senate, 
was  largely  instrumental  in  having  these  bonds  re- 
placed as  an  obligation  of  the  State  to  the  University. 

LAYING  THE  CORNER  STONE. 

Col.  Ashhel  Smith  in  his  address  at  the  laying  of 
the  corner  stone  of  the  University,  which  was  done 
with  imposing  ceremonies  at  Austin,  Nov.  17,  1882,  in 
the  presence  of  an  assemblage  of  over  three  thousand 
spectators,  proud  of  a  consummation  which  he  had 
most  assiduously  labored  to  accomplish,  said: 

"We  have  come  up  together  to  do  a  great  work.. 
We  have  come  to  lay  the  corner  stone  of  the  University 
of  Texas. 

"The  original  of  an  University  for  Texas,  of  a 
home  institution,  dates  back  to  the  heroes  of  San  Ja- 
cinto. And  this  University,  such  as  the  founders  of 
Texas  with  a  people  of  the  present  race  contemplated 
and  provided  for,  such  an  institution  as  the  wisest  and 
best  men  of  today  among  us  look  to  be  here  established 
cements  the  victory  of  San  Jacinto  and  consecrates 
that  battle  as  one  of  the  few  decisive  battles  of  the 
world,  and  this  Texas  soil,  to  free  institutions,  to  vir- 
tue and  to  power.  Keen  and  fierce  were  often  the  po- 
litical antagonisms  of  the  'iexans  of  that  generation 
but  on  the  subject  of  providing  a  thorough  home  uni- 
versity education  for  the  youth  of  Texas  these  stern 
men  were  as  one  man. 

"The  people  of  the  State  of  Texas  in  their  consti- 
tution, Art.  VII.  Sec.  10,  do  ordain  and  command  that 
the  legislature  shall,  as  soon  as  practicable,  establish,^ 


THE  UNIVERSITY  OP  TEXAS.  27 

organize  and  provide  for  the  maintenance,  support  and 
direction  of  a  'university  of  the  first  class'  for  the  pro- 
motion of  literature,  and  the  arts  and  sciences,  includ- 
ing an  agricultural  and  meclianical  department.  Here 
are  the  words  of  the  constitution ;  they  are  clear  in 
meaning  and  explicit;  they  are  mandatory;  they  com- 
mand the  legislature;  they  express  the  will  of  the  peo- 
ple of  Texas;  they  give  no  countenance  to  the  conceits 
of  individuals  who  presume  to  be  wiser  than  the  peo- 
ple, and  to  set  aside  their  sovereign  will  in  favor  of 
their  own  plans  of  puVjJic  education.  The  people  of 
Texas  in  the  constitution  ordain  the  establishment  of  a 
university  of  the  first  class  as  solemnly  as  they  ordain 
the  establishment  of  courts  of  justice,  of  common 
schools  and  other  institutions  of  society.  There  is  no 
open  question  of  policy;  the  constitution  has  aecided 
this  matter. 

"  The  question  has  been  sprung  whether  it  is  not 
too  early  to  establish  an  university  of  the  class  in  ques- 
tion. Why  Texas  has  at  this  moment  a  population  of 
nearly  2,000,000  souls — about  double  the  population  of 
Virginia,  slaves  included,  at  the  time  when  Mr.  Jeffer- 
son founded  its  University— three  times  the  white  pop- 
ulation of  all  Virginia  at  that  period. 

"  I  beg  your  attention  to  a  gross  error,  somewhat 
prevalent,  in  regard  to  any  university  that  may  be  es- 
tablished in  Texas.  It  is,  that  a  first-class  university — 
indeed  any  university — as  required  to  be  established  by 
the  constitution,  will  be  an  institution  exclusively  for 
the  rich,  and  not  for  the  poor.  The  contrary,  rather, 
will  prove  to  be  the  fact.  An  university  with  tuition 
free,  as  provided  for  by  the  constitution,  will  be  in  a 
special  manner  for  the  poor. 

"  Unless  an  university  shall  be  established  in  our 
State,  not  only  is  the  poor  boy  excluded  from  the  edu- 
cation which  shall  give  him  an  equal  start  in  the  great 
race  of  life  with  the  son  of  the  rich  man,  but  the 
father  possessing  a  moderate  and  comfortable  compe- 
tency is  debarred  from  bestowing  on  his  son  an  univer- 
sity education.  Where  is  the  demagogue  that  dare  re- 
fuse this  natural  right  to  a  thorough  education  to  a 
poor  boy — to  the  children  of  the  poor?     I  say  natural 


28  THE   UNIVERSITY  OF  TEXAS. 

right ;  for  are  not  the  public  lands,  and  the  proceeds  of 
the  sales  of  these  lands,  the  rightful  property  of  the 
poor  as  well  as  of  the  rich  ?  The  University  of  Texas 
is  emphatically  the  poor  boy's  University. 

"Some  persons  labor  under  a  vague  impression 
that  there  is  or  may  be  an  ill-defined  rivalry,  opposi- 
tion, conflict  of  interests  and  purposes,  between  the 
University  and  common  schools.  In  their  deep  inter- 
est for  common  school  education,  they  conceive  a  dis- 
trust, and  entertain  a  not  very  clear  idea  of  opposition 
toward  the  University.  In  this  distrust  they  take 
refuge  in  the  notion  that  it  is  safest  to  perfect  first  our 
system  of  common  schools,  and  to  postpone  the  Uni- 
versity. Now,  so  far  from  there  being  any  rivalry,  op- 
position or  conflict  of  interest,  between  the  University 
and  the  common  schools,  the  exact  reverse  is  the  fact. 
They  are  indeed  the  best  friends,  each  of  the  other, 
and  especially  is  it  true  that  the  University  is  the  great 
and  efficient  practical  friend  of  common  schools.  Com- 
mon schools  commence  the  supply  of  students  for  the 
University.  They  are  together  the  complements,  each 
of  the  other,  of  a  noble  system  of  the  best  education 
of  the  people.  I  beg  to  invoke  authority  and  ex- 
perience that  will  not  be  gainsaid. 

"Mr.  Jefferson  was  pre- eminently  the  apostle  of 
the  people.  He  has  left  on  record  his  opinion  that  the 
benign  influences  of  a  higher  education,  an  university 
education,  such  as  is  now  given  in  the  University  of 
Virginia ;  such  as  is  contemplated  to  be  given  in  the 
University  of  Texas,  will  permeate  the  masses,  and 
diffuse  knowledge,  the  blessings  of  the  common 
schools,  among  the  people.  These  are  Mr.  Jefferson's 
words:  'Make  the  University  as  good  as  possible,  and 
the  spirit  of  education  will  permeate  the  masses,  in  the 
end  securing  them  (the  masses)  the  highest  possible 
attainments. ' 

"Mr.  Jeff'erson  wrote  his  own  epitaph:  'Thomas 
Jefferson,  the  author  of  the  Declaration  of  Indepen- 
dence, and  founder  of  the  University  of  Virginia.' 
This  is  his  epitaph;  written  in  the  maturity  of  his  years 
and  wisdom,  in  view  of  the  solemnity  of  the  grave, 
with  the  fruitful  experience  of  his  university  before 


THE  UNIVERSITY  OP  TEXAS.  29 

him.  'Founder  of  the  University'  is  his  appeal  to 
the  grateful  remembrance  of  future  ages.  Let  no  man 
hereafter  delude  himself  with  the  idea  that  he  is  a  Jef- 
ferson Democrat,  when  he  repudiates  the  fundamental 
idea  of  Thomas  Jefferson. 

"  Have  Mr.  Jefferson's  lofty  anticipations  of  the 
blessings  to  flow  from  the  University,  of  which  he  was 
the  founder,  been  fulfilled,  or  was  he  a  deluded 
visionary?  And  are  those  among  us  who  shake  their 
heads  in  distrust  of  an  university,  or  stiffen  their  necks 
in  hostility  to  it,  the  wise  counsellors  of  the  people? 
Let  us  see.  I  appeal  to  the  record,  to  the  annual  re- 
port of  the  University  of  Virginia  for  last  year.  With 
honorable  pride,  with  proud  satisfaction,  the  rector, 
Gen.  Alex  H.  H.  Stuart,  and  the  board  of  visitors  re- 
port to  the  governor  of  the  State  as  follows  :  '  The 
record  of  the  achievements  of  the  University  in  ad- 
vancing the  cause  of  education  in  Virginia,  and  in 
many  of  her  sister  States,  must  be  gratifying  to  every 
patriot.  Her  work  has  been  a  grand  one,  and  she  has 
accomplished  it  nobly.  Her  influence  is  daily  felt 
through  more  than  one-half  the  Union.  She  has  per- 
formed the  office  of  the  great  heart  of  the  system  of 
Southern  education,  sending  with  strong  pulsation, 
warm  and  invigorating  life-blood  through  every  part 
of  it,  down  to  the  humblest  primary  school.'  This  is 
experience,  this  is  fact.  Let  us  then  of  Texas  rise 
above  idle  suspicion  and  ignorant  distrust,  and  gird 
ourselves  in  earnest  for  performing  the  same  noble 
office  for  this  grand  country  of  the  American  Union, 
south  and  west  of  the  Mississippi.  * 

"  The  University  of  Texas  will  not  merely  educate 
a  vastly  greater  number  of  students  than  would  other- 
wise obtain  a  high  education;  but  thei'e  goes  with  it  an 
advantage  that  is  scarcely  possible  to  overrate.  It  is  a 
home  education  for  the  youth  of  our  State.  The  youth 
who  gets  his  education  at  home  is  in  accord,  in  a 
sympathy,  having  the  strength  of  an  instinct,  with 
the  people  of  Texas,  his  heart  beats  in  all  its  pulses 

*  The  influence  of  the  University  of  Virginia  had  considerable 
weight  in  the  selection  of  the  early  professors  for  the  University  of 
Texas. 


30  THE  UNIVERSITY  OF  TEXAS. 

with  the  heart  of  the  great  mass  of  his  fellow  citizens, 
with  a  common  heart,  if  1  may  so  speak,  of  the  people 
of  Texas.  Further,  a  corps  of  young  men  leaving  the 
University  annually  and  settling  in  every  section  of 
the  State,  carry  with  them  common  sympathies;  they 
unify  the  people  of  .the  State,  make  them  one  homo- 
geneous community.  They  unify  all  the  sentiments  of 
all  sections;  make  the  citizens  of  various  sections  to  un- 
derstand each  other,  to  esteem  each  other,  and  all  of  us 
to  feel  that  all  our  great  interests  are  in  common,  one 
and  the  same,  including  the  existence  of  the  State,  one 
and  indivisible." 

THE    UNIVERSITY    IN    POLITICS. 

Governor  Houston  in  his  message  of  January  13, 
1860,  said:  "The  $2,000,000  set  apart  for  the  school 
fund  yet  remains,  but  the  balance  of  the  $5,000,000 
received  from  the  sale  of  our  Santa  Fe  territory  to  the 
United  States  is  exhausted,  except  the  amount  set  apart 
for  the  Universit}^  fund,  amounting  to  $106,972.26  and 
the  balance  mentioned  of  $4 11, 402.60  belonging  to  the 
general  fund. 

"The  establishment  of  a  University  is  in  my  opinion 
a  matter  alone  for  the  future.  At  this  time  it  is 
neither  expedient  nor  is  it  good  policy  to  provide  for 
the  sale  of  those  lands  set  apart  for  the  University 
fund.  If  at  some  future  period  it  should  be  deemed 
expedient,  or  in  keeping  with  a  more  enlarged  policy, 
to  devote  our  entire  energies  to  a  more  general  diffus- 
ion of  knowledge  than  a  university  would  afford,  or 
even  if  the  voice  of  the  State  should  demand  the  es- 
tablishment of  one,  these  lands  will  then  provide  the 
means  of  advancing  the  cause  of  education.  When  that 
period  arrives,  their  value  will  be  greatly  increased.  If 
sold  now,  but  little  will  be  realized  from  them.  And 
before  the  expiration  of  twenty  years,  the  time  upon 
which  over  fifty  thousand  acres  have  already  been  sold, 
the  lands  will  be  worth  more  than  three-fold  the 
amount  they  would  bring  now,  with  accumulated  in- 
terest. 

"So  far  as  one  hundred  thousand  dollars  of  bonds 
and  their  interest  taken  from  the  general  and  applied 


THE  UNIVERSITY  OP  TEXAS.  31 

to  the  university  fund,  by  the  last  legislature,  are  con- 
cerned, I  believe  the  condition  of  the  treasury  and  our 
immediate  necessities  demand  that  the  act  be  repealed, 
and  the  money  be  again  placed  subject  to  appropria- 
tion. We  need  money  for  the  protection  of  our  fron- 
tiers, and  to  save  us  from  taxation  more  than  for  a  fund 
which  promises  no  immediate  benefit.  Our  common 
school  fund  already  provides  for  the  education  contem- 
plated by  the  constitution,  and  if  this  amount,  thus  un- 
necessarily withdrawn  from  the  general  fund,  will  re 
duce  the  burthens  of  taxation,  the  people  will  be  better 
able  in  the  future  to  bear  taxation  to  support  a  uni- 
versity, if  one  should  be  necessary." 

In  his  message  of  January  21,  l«6l,  Governor  Hous- 
ton says:  "The  executive,  to  support  and  render  effic- 
ient the  force  which  he  had  from  time  to  time  in  the 
field,  has  had  no  money  at  his  command,  except  the 
University  fund  amounting  to  $106,992. 2 J,  which  was 
by  special  act  of  the  legislature  authorized  to  be  used 
for  purposes  of  frontier  defense.  It  was  his  opinion 
that  the  legislature  intended  that  this  fund  should  be 
used  alone  for  the  defense  of  the  Indian  frontier,  and 
not  for  the  payment  of  claims  on  account  of  the  war 
upon  the  Rio  Grande.  The  troubles  upon  the  Kio 
Grande  cost  the  State  an  amount  far  beyond  the  esti- 
mate of  the  legislature  and  when  claims  were  presen- 
ted for  supplies  furnished  troops,  the  executive  did  not 
believe  the  money  should  be  drawn  from  the  Univer- 
sity fund,  and  expressed  his  views  in  that  respect  to  the 
comptroller.  That  fund  was  the  sole  dependence  of 
the  executive  for  the  purchase  of  supplies  to  keep 
troops  in  the  field.  A  considerable  sum  was  paid, 
however,  from  the  fund  for  debts  contracted  during  the 
Rio  Grande  Vvar.  This  reduced  the  amount  which 
(otherwise)  might  be  used  to  delend  the  frontier  to$76,- 
937.73  which  has  been  exhausted.  *  *  *  Finding 
that  it  was  impossible  to  purchase  any  adequate  amount 
of  supplies  on  the  credit  of  the  State,  the  executive  in 
two  communications  dated  the  8th  of  November  and 
7th  of  January,  suggested  to  the  State  treasurer  the 
propriety  of  using  for  purposes  of  frontier  defence  the 
amount  in  the  treasury  on  account  of  University  land 


32  THE  UNIVERSITY  OF  TEXAS. 

sales,  but  the  opinion  of  that  officer,  C.  H.  Randolph, 
was  averse  to  the  proposition  and  that  fund  amounting 
to  $34,708.14  still  remains  in  the  treasury. 

In  his  message  of  February  5,  1861,  Governor 
Houston  says :  "By  the  treasurer's  report,  received 
on  the  2d  inst.,  it  appears  that  there  was  then  in  the 
treasury,  subject  to  disbursement  on  account  of  State 
revenue  $5,279.60.  The  legislature  has  already  appro- 
priated |9, 768.62  of  the  fund  arising  from  University 
land  sales,  and  $17,313.30  of  the  fund  accumulating 
from  estates  of  deceased  persons,  for  the  per  diem  and 
mileage  of  its  members,  and  it  has  only  been  by  the 
use  of  these  funds  that  the  treasury  has  been  spared 
thus  far  from  entire  bankruptcy.  The  amount  on 
hand  will  be  exhausted  before  the  termination  of  the 
present  week,  when  there  must  be  a  suspension  of 
special  payments  altogether." 

Governor  F.  R.  Lubbock,  governor  of  Texas 
during  the  Confederate  war,  in  his  message  of  Decem- 
ber 31,  l^61,  vetoed  ''An  act  making  an  appropriation 
for  the  mileage  and  per  diem  pay  of  the  members  and 
officers  of  the  Ninth  legislature,"  which,  among  other 
provisions,  authorized  for  the  purpose  the  use  of  funds 
of  the  University,  with  other  funds  named. 

The  governor  gives  his  objections  to  various 
features  of  the  bill,  and  in  doing  so,  as  part  of  his 
message,  says : 

"1  he  second  section  provides  that  for  the  payment 
of  the  members  of  the  legislature  and  the  officers  of 
both  houses,  the  treasurer  may  use  any  funds  in  the 
treasury,  belonging  either  to  the  proceeds  of  the  sales 
of  the  University  lands,  the  settlement  of  the  succes- 
sions of  deceased  persons,  escheated  property,  and  the 
sinking  fund  on  railroad  bonds;  providing,  however, 
that  when  any  of  such  bonds  shall  be  used,  the  treas- 
urer shall  replace  the  amount  so  used,  with  bonds  of 
the  State  for  like  amount,  and  that  each  member  shall 
receive  his  fair  proportion  of  such  funds. 

******* 

"If  this  act  should  become  a  law  all  the  present 
available  funds  in  the  State  treasury,  of  every  descrip- 


THE  UNIVERSITY  OP  TEXAS.  33 

tion,  will  at  once  pass  from  the  vaults  of  the  treasury 
into  the  hands  of  the  beneficiaries  under  this  act. 

"While  I  believe  that  the  IState  should  pay  to  the 
utmost  of  its  ability  all  its  officers,  both  civil  and  mili- 
tary; yet  under  the  present  critical  condition  of  our 
beloved  State  and  Confederacy,  I  confess  I  would  wit- 
ness, with  feelings  of  the  deepest  sorrow,  the  last  dollar 
drawn  from  the  treasury,  unless  to  furnish  arms,  am- 
munition and  clothing  to  her  gallant  sons,  who  are 
now  so  proudly  vindicating  the  old  fame  of  the  Texan 
soldier. 

•'The  monies  arising  from  the  sales  of  the  Univer- 
sity lands  were  intended  for  a  wise  and  beneficent 
object,  and  I  greatly  doubt  the  wisdom  of  disposing  of 
them  for  the  purpose  indicated  in  the  act  under  con- 
sideration, or  for  any  like  purpose.  The  funds  arising 
from  the  settlement  of  successions  of  deceased  persons 
and  escheated  property  belong  in  all  probability,  to 
minors  and  orphans,  who  have  no  legal  protector  or 
guardian  to  demand  these  sums  in  their  names.  I  am 
further  informed  by  the  treasurer  in  the  statement 
herewith  submitted,  that  he  has  unofficial  information 
that  a  large  portion,  if  not  all,  of  the  last  named  funds 
will  probably  be  shortly  demanded  by  their  rightful 
owners. 

"There  is  a  still  more  grave  and  serious  objection 
to  the  proposed  appropriation  of  the  sinking  fund  on 
railroad  bonds.     (Objection  is  stated  at  length.) 

"At  a  time  when  every  energy  of  the  State  should 
be  husbanded  for  defense,  we  should  carefully  guard 
against  draining  the  treasury,  to  meet  the  ordinary  ex- 
penses of  legislation,  of  special  funds,  protected  by 
constitutional  provisions,  or  held  in  trust  subject  to  the 
use  of  others.  The  time  may  speedily  come  when  self- 
preservation  shall  demand  that  every  resource  of  the 
State  be  put  into  requisition  for  the  defense  of  our  lib- 
erties and  hearthstones ;  but  surely  the  appropriation  of 
these  funds  can  be  justified  only  by  the  grave  necessity 
of  employing  them  in  defending  and  preserving  the 
lives  and  liberties  of  the  people." 

The  veto  was  sustained,  but  by  a  very  close  vote. 
Evidently  Governor  Lubbock  believed  that  no  matter 

8—1. 


34  THE   QNIVERSITY  OF  TEXAS. 

how  justified  the  right  might  be  for  using  these  fund& 
the  State  wos  not  justified  in  keeping  them,  without 
providing  for  their  restoration  to  the  tjniversity. 

[There  is  a  hiatus  in  the  pubHcation  of  the  jour- 
nals of  the  legishiture  during  the  Confederate  War, 
and,  on  that  account  as  well  on  account  of  the  burning 
of  the  old  State  house,  some  of  the  journals  and  other 
official  records  are  not  preserved  even  in  manuscript. 
The  proceedings,  however,  mainly  related  to  war  meas- 
ures not  affecting  the  University  further  than  appears 
in  the  reports  of  the  University  Regents.] 

GfOvernor  Hamilton  in  his  message  of  February  10, 
to  the  convention  of  1865,  saj^s:  "The  debt  created 
by  those  who  were  in  authority  in  Texas  during  the 
Rebellion,  in  support  of  the  war  against  the  govern- 
ment of  the  United  States,  is  not  in  my  judgment,  such 
an  obligation  upon  the  people  of  Texas  as  will  find 
any  favor  with  our  loyal  citizens,  or  with  the  govern- 
ment ol  the  United  States.  To  provide  for  the  pay- 
ment of  this  debt  would  be  equivalent  to  a  justifica- 
tion of  the  purposes  for  which  it  was  created.  *  *  '=' 
It  may  be  difficult  to  ascertain  accurately  that  por- 
tion of  the  public  debt  of  the  State  which  was  in- 
curred in  support  of  the   war. 

"  I  have  reason  to  believe  that  more  than  three- 
fourths  of  the  indebtedness  which  has  accrued  since 
the  commencement  of  the  war  was  created  in  its  sup- 
port. As  a  means  of  facilitating  your  investigations 
upon  this  subject,  I  respectfully  refer  you  to  the  re- 
port of  ex-Governor  Pease  and  Swante  Palm,  Esq., 
copies  of  which  will  be  furnished  to  your  honorable 
body. 

In  this  connection  I  feel  it  to  be  my  duty  to  re- 
mind you  that  land  scrip  to  a  considerable  amount 
was  purchased  during  the  progress  of  the  late  Rebel- 
lion, and  paid  for  in  the  paper  money  issued  by  the 
government  of  the  Confederate  States.  Perhaps  in 
some  instances  these  payments  for  land  scrip  were 
made  in  treasury  warrants  of  the  State. 

"  Payments  were  also  made  during  the  Rebellion^ 
in  Confederate  money  for  portions  of  the  University 
lands  sold  under  a  law  of  the  State,  enacted  before  the 


THE  UNIVERSITY  OF  TEXAS.  35 

passage  of  the  ordinance  of  secession.  The  commis- 
sioner of  the  land  office  and  comptroller  of  public  ac- 
counts can  furnish  such  imformation  on  these  subjects 
as  you  may  desire." 

March  23,  1860,  Mr.  Waul  for  the  finance  com- 
mittee to  whom  was  referred  the  report  of  the  commit- 
tee on  education  reported  as  due  and  belonging  to  the 
common  school  fund: 

"Bonds  of  railroad  companies  and  interest,  $2,- 
053,978.73;  bonds  substituted  by  manuscript  warrants^ 
interest  and  non  interest  warrants ;  United  States  5  per 
cent  bonds;  receipts  from  land  sales,  etc.,  $1,285,327.05 
which  has  been  converted  and  expanded  or  in  contro- 
versy under  the  acts  of  the  officers  of  the  State  since 
January  28,  1861  and  before  August  5,  1865,  or  ren- 
dered unavailable  to  said  fund  by  the  principle  estab- 
lished in  the  ordinance  of  this  convention  declaring 
the  State  debt  void. 

"  The  committee  find  there  has  been  paid  into  the 
treasury  on  account  of  University  lands: 

Specie  on  account,  principal  and  interest  on  notes $37,932  04 

Ten  per  cent  interest  bearing  warrants  12,230  39 

Non  interest  bearing  warrants 10,300  41 

Confederate  notes  114,804  48 

Transferred  to  State  revenue  account 203,301  30 

Amounting  to $379,168  63 

which  has  been  converted  and  expended,  during  the 
war  by  the  State  authorities. 
"  They  further  state : 

United  States  5  per  cent  bonds $100,000  00 

Specie  interest  on  same 9,472  26 

Specie  or  coupons  one  month  interest 416  66 

Amounting  to $109,888  92 

was  transferred  from  the  University  fund  to  the 
State  revenue  account  in  February,  1860,  under  an  act 
of  February  8,  1860,  and  should  be  restored  by  the 
State  to  said  fund." 

In  1866,  Governor  Pease  appointed  M.  W.  Allen, 
"agent  for  the  sale  of  University  lands."  Since  then 
other  agents  have  been  appointed  to  look  after  the 
lands  in  some  way,  but  so  far  as  the  records  show, 
probably  had  little  to  do  except  to  draw  their  salaries 
at  the  expense  of  the  University  fund. 


36  THE  UNIVERSITY  OF  TEXAS. 

Governor  Throckmorton  in  his  message  of  Au- 
gust 18,  1866,  says:  *'  I  invite  your  attention  to  an  or- 
dinance which  requires  coupon  bonds  of  the  State  to 
be  placed  to  the  credit  of  the  University  fund  in  lieu 
of  the  United  IStates  bonds  belonging  to  this  fund 
which  were  transferred  by  act  of  the  legislature  of 
January  31,  1860,  to  State  revenue  account  and  sug- 
gest the  necessary  action  on  your  part  to  effect  the 
intention  of  the  ordinance.  The  amount  of  bonds  and 
interest  due  at  the  time  of  transfer  was  $109,472.26 
which  will  require  corresponding  amount  of  State 
bonds. 

"Under  a  law,  approved  August  30,  1856,  the  fifty 
leagues  of  University  lands  were  sectionized  and  58,523 
acres  were  sold,  at  an  average  price  of  |3.343  per  acre. 
I  invite  your  attention  to  the  law  referred  to,  and  the 
report  of  the  commissioner,  John  Henry  Brown,  in 
relation  to  the  sale  of  the  lands.  The  law  needs  some 
amendments,  and  I  desire  the  legislature  to  consider 
the  necessity  of  making  further  sales  from  time  to 
time,  as  the  lands  are  likely  to  command  fair  prices. 
It  is  my  opinion  that  the  sales  of  marketable  quarter 
sections,  selling  alternately,  should  be  continued. 

"There  has  been  paid  into  the  treasury  on  account 
of  sales  of  University  lands,  |1 26,342.90,  and  there  re- 
mains as  yet  unpaid  as  principal,  $70,320.92.  The 
amount  of  interest  paid  up  to  April  18,  1865,  was  $48,- 
924.42,  and  the  approximate  interest  due  up  to  the  year 
1878,  is  $55,888.86.  In  the  event  that  the  sale  of  these 
lands  is  continued,  I  would  suggest  the  propriety  of 
investing  the  proceeds  in  interest  bearing  stocks  of  the 
State  or  the  general  government. 

I  would  ask  your  attention  to  an  apparant  con- 
flict between  the  eighth  section  of  the  tenth  article  of 
the  constitution  and  the  ordinance  in  relation  to  the 
school  and  University  fund.  The  first  would  seem  to 
imply  that  the  State  is  liable  to  this  fund  for  all  mon- 
ies heretofore  set  apart  to  it,  and  subsequently  trans- 
ferred to  other  accounts,  and  replaced  by  comptroller's 
certificates  of  State  indebtedness.  The  ordinance  pro- 
hibits the  legislature  from  providing  "for  the  payment 


THE  UNIVERSITY  OP  TEXAS.  37 

of  any  claim  or  pretended  liability  of  the  State  to  said 
fund,  not  enumerated"  thereii). 

"If  the  latter  prevails,  the  $10,800.41  of  comptroll- 
er's certificates  of  indebtedness  deposited  to  credit  of 
University  fund,  and  the  |1 2,230.39,  ten  per  cent  State 
warrants,  must  be  cancelled,  and  your  honorable  body 
should  so  direct." 

In  the  Eleventh  legislature,  November  12,  1866, 
upon  motion  of  Senator  Guinn,  a  joint  resolution  for 
the  establishment  of  another  University  contra-distin- 
guished from  the  University  of  Texas,  was  taken  up, 
amended  by  adding  M.  H.  Bonner,  of  Cherokee,  and 
J.  M.  Perry,  of  Anderson  county,  to  the  board  of  com- 
missioners and  passed. 

[See  Texas  house  and  senate  journals  Eleventh 
legislature,  and  appended  reports  of  Comptroller 
Robards  and  Messrs.  Pease  and  Palm,  and  special 
report  of  James  H.  Raymond,  agent  for  John 
Hancock,  acting  under  orders  of  Maj.  Gen.  Granger, 
United  States  Army.] 

Judge  Hancock  had  been  requested  Vjy  Gen. 
Granger  to  select  some  suitable  person  to  take  charge 
of  the  State's  funds,  and  they  were  turned  over  to  the 
custody  of  Mr.  Raymond. 

In  a  final  report  of  the  administration  of  "Gov- 
ernor Throckmorton  when  he  was  removed  from  office 
August  8,'1867,  by  federal  authority,  as  an  alleged  ''im- 
pediment to  the  reconstruction  of  the  State ^^^  by  special 
order  July  30,  of  Maj.  Gen.  Sheridan,  the  affairs  of  the 
University  are  thus  alluded  to : 

"As  required  by  a  joint  resolution  of  the  last  legis- 
lature a  board  of  administrations  of  the  University  of 
Texas  was  appointed.  The  board  met  and  organized 
February  15,  1867.  After  considering  the  various 
questions  connected  with  their  duties,  it  was  concluded 
not  to  make  a  selection  of  a  site  for  a  University,  but 
to  examine  localities  where  donations  were  offered, 
and  points  which  presented  favorable  considerations. 
The  legislature  set  aside  twenty-five  of  the  fifty  leagues 
of  University  lands  for  the  endowment  of  the  East 
Texas  University,  and  appointed  a  board  of  adminis- 


■38  THE  UNIVERSITY  OF  TEXAS. 

trators  to  select  a  site  for  the  same.  I  am  not  advised 
of  any  action  of  this  board. 

"Under  an  act  of  November  12,  1866,  M.  W. 
Allen  was  appointed  an  agent  to  select  and  sell  por- 
tions of  the  University  lands  and  to  superintend  the 
correction  of  conflicting  surveys,  etc.  Selections  have 
been  made  in  Grayson  county  and  sales  took  place  Au- 
gust 1,  1867.  Another  selection  in  Fannin  county  is 
to  be  sold  the  first  Monday  in  September  next.  I  pre- 
sume other  selections  have  been  made,  but  not  yet  re- 
ported. Mr.  Allen  has  personally  inspected  the  lands 
and  selected  those  most  likely  to  bring  fair  prices. 

"There  remains  unpaid  on  University  lands,  here- 
tofore sold  by  John  H.  Brown,  principal  and  interest 
due  August  1,  1«67,  $30,035,53  specie.  These  lands 
are,  under  the  law,  subject  to  re-sale.  The  necessary 
papers  have  been  prepared  at  the  treasury  and  in  the 
land  ofiice,  under  the  supervision  of  Attorney  General 
Walton  for  the  purpose  of  advertising  and  selling  these 
forfeited  lands.  Under  the  direction  of  the  act  of 
November  12,  1866,  specie  bonds  of  the  State,  with  5 
per  cent  coupons  attached,  to  the  amount  of  $134,- 
472  26,  have  been  executed  and  placed  in  the  Univer- 
sity fund  in  lieu  of  this  amount,  with  interest  belong- 
ing to  said  fund,  used  under  direction  of  former  legis- 
lation. 

"On  February  28,  last,  I  forwarded  to  Hon.  B.  H. 
Epperson  the  acts  of  the  legislature  accepting  the  land 
scrip  donated  to  the  different  States  by  congress,  for  the 
endowment  of  agricultural  and  mechanical  colleges, 
with  authority  to  receive  the  same,  etc.  The  authori- 
ties declined  to  issue  the  scrip." 

Governor  Pease  in  his  message  to  the  reconstruc- 
tion convention  in  1868,  casually  says:  "The  officers 
of  the  government  at  this  place  are  prepared  to  furnish 
your  honorable  body  with  such  reports  as  will  give  you 
full  and  accurate  information  in  regard  to  the  state  of 
the  treasury  at  the  commencement  of  the  Rebellion, 
■during  the  progress  and  at  the  present  time;  the  condi- 
tion of  the  school  fund  and  the  University  fund,  and 
the  amount  of  each  diverted  to  the  support  of  the  Re- 
bellion; the  sales  of  land  scrip  that  were  made  during 


THE  UNIVERSITY  OP  TEXAS.  39 

the  Rebellion,  and  all  other  information  to  be  found  in 
the  public  records  that  may  be  useful  to  you  in  the  dis- 
cliarge  of  your  duties. 

Among  the  suggestions  of  Governor  Pease  to  the 
convention,  he  stated  that  the  convention  was  expected 
to  declare  that  ''the  pretended  act  of  secession  and  all 
laws  that  have  been  enacted,  in  aid  of  the  late  Re- 
bellion, or  repugnant  to  the  constitution  and  laws  of 
the  United  .states,  are  and  were  null  and  void  from 
their  inception;  and  that  you  will  at  once  repeal  all 
laws  that  make  any  discrimination  against  persons  on 
account  of  their  color,  race  or  previous  condition." 

The  message  further  states:  "The  amount  of 
money  in  the  State,  May  31,  1868,  applicable  to  the 
ordinary  expenditures  of  the  government,  is  $203,- 
079.69,  of  which  $202,884.35  are  in  United  States  cur- 
rency, and  $195.34  in  specie.  This  is  exclusive  of  the 
amount  standing  to  the  credit  of  the  school,  University 
and  other  trust  funds.  It  is  believed  that  this  money, 
with  that  which  will  be  received  from  time  to  time 
under  the  present  tax  laws,  will  be  sufficient  to  meet 
all  the  expenditures  of  the  government,  and  pay  the 
expenses  of  your  honorable  body,  unless  they  should 
be  greater  than  is  anticipated,  without  imposing  the 
additional  tax  contemplated  by  the  supplemental  re- 
construction law  of  March  23,  1867." 

In  that  convention  Mr.  Sumner  proposed  a  section 
for  the  new  constitution  providing  that  "all  public 
University  lands  in  the  State  of  Texas,  that  have  not 
heretofore  been  disposed  of,  shall  be  turned  over  to  the 
common  school  fund ;  and  it  shall  be  the  duty  of  the 
legislature  to  pass  such  laws  as  shall  provide  for  free 
schools  in  every  neighborhood  in  each  county  of  this 
State." 

It  was  not  adopted,  and  is  alluded  to  only  show 
how  little  regard  some  members  had  for  trust  funds, 
and  especially  those  of  the  University. 

Hon.  E.  J.  Davis  was  president  of  the  convention. 
The  State  officers  were  John  T.  Allan,  treasurer;  E.  M. 
Wheelock,  superintendent  of  public  instruction ;  Joseph 
Spence,  commissioner  of  the  general  land  office;  Geo. 
C  Rives,  acting  state  comptroller. 


40  THE  UNIVERSITY  OF  TEXAS. 

Mr.  Wheelock,  in  his  report  to  Governor  Pease,. 
says:  "It  seems  to  have  been  a  cherished  design  of 
the  people  of  Texas  to  establish  an  institution  for 
the  instruction  of  youth  in  the  higher  branches  of 
learning;  and  by  generous  grants  to  so  endow  the 
same  as  to  place  within  the  reach  of  the  rich  and  poor 
the  privilege  of  a  liberal  and  thorough  education.  The 
president  of  the  Republic  was  ordered  in  1839,  to  set 
apart  221,400  acres  for  this  purpose.  In  1856,  one- 
hundred  thousand  dollars  in  United  States  bonds,  and 
one-tenth  of  the  railroad  lands  were  also  appropriated 
*for  the  establishment  and  maintenance  of  the  Univer- 
sity of  Texas '  and  the  lands  were  offered  for  sale  on  a 
credit  of  twenty  years.  The  grant  was  ample,  the 
lands  were  choice,  and  large  amounts  were  readily  sold 
at  an  average  price  of  $3.34  per  acre.  Of  this  fund 
$379,168  was  destroyed  during  the  civil  war  by  the 
^tate  authorities;  and  it  is  understood  that  considerable 
sums,  the  proceeds  of  the  land  sales,  were  paid  in  Con- 
federate money. 

"The  amount  of  University  fund  now  in  the 
treasury  is  $134,472  in  State  paper.  No  practical  steps 
have  yet  been  taken  toward  the  location  and  establish- 
ment of  this  institution.  But  when  once  our  State  is 
dotted  with  common  schools  in  full  operation,  for  the 
education  of  the  children  of  the  people,  these  will 
naturally  require  to  be  supplemented  by  high  graded 
and  normal  schools,  adapted  to  pupils  of  a  larger 
growth,  and  these  again  crowned,  by  a  University.  A 
State  University  is  indeed  a  logical  necessity  and 
outgrowth  of  the  free  school  system,  the  head  of  the 
grand  line  of  forces  by  which  we  would  draw  the 
whole  people  up  to  light  and  knowledge." 

In  his  message  of  April  29,  1870,  Governor  Davis 
says:  "The  University  fund  and  lands  may,  I  sup- 
pose, properly  be  considered  as  part  of  the  common 
school  fund,  though  not  directly  included  therein  by 
the  constitution. 

"It  will  be  noticed  that  in  the  comptroller's  report 
of  assets  the  accounts  bear  from  year  to  year  the  items 
'Special  school  fund,  $79,409.50,'  University  land  sale, 
$10,300.41,'  and  'Six  per  cent  manuscript  State  bonds^. 


THE  UNIVERSITY  OF  TEXAS.  41 

for  school  fnnd,  |320,367.13.'  These  items  represent 
State  warrants  or  State  bonds  issued  during  the  war, 
and  representing  obligations  which  are  now  void, 
should  no  longer  be  borne  on  the  comptroller's  reports. 
But  the  comptroller  considers  it  his  duty  to  continue 
them  until  the  legislature  directs  otherwise." 

[As  to  the  University  item  Comptroller  Bledsoe, 
under  ruling  of  Attorney  General  Alexander,  did  omit 
it  from  his  statement  of  the  public  debt,  but  Comp- 
troller Darden  subsequently  replaced  it  in  his  state- 
ment, and  it  was  eventually  validated  by  act  of  the 
legislature,  as  has  been  stated  in  this  volume.] 

In  his  message  of  January  10,  1871,  Governor 
Davis  says:  "It  will  be  perceived  that  I  have  not  in- 
cluded in  the  estimates  of  the  State's  indebtedness,  the 
bonds  issued  to  the  common  school  and  University 
funds,  under  the  provisional  act  of  November  12,  1866^ 
amounting  to  $216,641.08  and  interest.  I  can  perceive 
no  good  reason  why  these  bonds  issued  to  replace  five 
per  cent  United  States  indemnity  bonds,  taken  and  dis- 
posed of  during  the  Rebellion  by  the  authorities  then 
in  possession  of  the  State,  should  now  be  a  charge  upon 
the  people.  If  it  is  necessary  that  the  school  and  Uni- 
versity fund  should  be  increased  in  a  sum  equivalent 
to  those  bonds,  it  had  better  be  done  in  plain  terms, 
but  there  is  no  such  necessity,  and  it  is  our  experience 
in  the  past,  that  the  accumulation  of  these  special 
funds  tends  to  invite  spoliation. 

"The  school  and  University  funds  are  now,  I  be- 
lieve, quite  as  large  as  they  can  safely  remain,  and  the 
taxes  that  would  go  to  pay  interest  on  bonds,  added  to 
swell  those  funds,  might  as  well  be  expended  directly 
in  support  of  schools  and  universities.  I  therefore 
recommend  that  the  bonds  issued  to  the  school  and 
University  funds,  under  said  provisional  act  of  1866, 
be  cancelled." 

"In  connection  with  the  public  school  fund,  or 
rather  the  University  fund  (the  two  funds  properly 
being  considered  together,)  I  would  call  your  attention 
to  the  donation  made  by  acts  of  congress,  of  scrip  rep- 
resenting 180,000  acres  of  land  to  provide  colleges  for 
the  '  benefit  of  agriculture  and  the  mechanic  arts.'     I 


42  THE  UNIVERSITY  OF  TEXAS. 

have  made  application  at  Washington  for  this  scrip,  and 
it  has  prooably  ere  this  been  turned  over  to  the  agent 
-appointed:  but  under  the  acts  of  July,  1862,  and  July, 
1866,  of  congress,  the  State  must  provide  within  five 
years  from  i»66,  at  least  one  such  college  as  is  des- 
cribed in  the  acts,  or  must  refund  to  the  United  States 
the  scrip  or  its  proceeds.  Less  than  one  year  remains 
within  which  this  State  can  secure  the  benefits  intended. 
I  think  we  cannot  safel}^  attempt  at  present  the  estab- 
lishment of  more  than  one  of  these  colleges,  and  sug- 
gest that  this  be  incorporated  with  the  State  University. 
1  recommend  the  early  passage  of  an  act  applicable  to 
the  case." 

September  1,  1871,  Messrs.  Wm.  Alexander,  A. 
Bledsoe  and  Geo.  W.  Honey,  respectively  attorney  gen- 
eral, comptroller  and  treasurer  of  the  State,  reported  to 
'Governor  Davis  and  the  Twelfth  legislature,  as  to  valid 
claims  against  the  State:  "In  pursuance  of  an  act  of 
the  legislature,  approved  November  12,  1866,  five  per 
cent  specie  bonds  of  the  State  of  Texas,  payable 
January  1,  1879,  were  issued  and  deposited  in  the 
treasury  of  the  State,  to  the  credit  of  the  University 
fund,  amounting  to  $134,472.26,  on  account  of  which 
no  provision  has  been  made  for  the  payment  of  the  in- 
terest." 

Other  claims  are  included,  and  they  add:  "It  is  be- 
lieved that  the  foregoing  statement  will  cover  every 
valid  claim  created  prior  to  January  28,  1861,  not  ex- 
cluded by  the  constitution." 

The  statement  is  attested  by  John  M.  Swisher, 
auditing  clerk. 

Governor  Davis,  in  his  message  of  January  16, 
1873,  states  that  he  had  not  "included  among  our  ob- 
ligations, the  following  items  mentioned  in  the  treas- 
urer's report: 

Five  per  cent  State  bonds  to  credit  of  University  and  per- 
manent school  fund $216,641  05 

Six  per  cent  State  bonds  to  credit  of  permanent  school  fund  320,367  13 
Comptroller's  certificates  of  indebtedness 89. 709  91 

Total $636,718  09 

"These  items,"  he  says,  "are  relics  of  the  late  war 
and  the  allusion  made  to  the  two  last,  in  my  first  mes- 


THE  UNIVERSITY  OP  TEXAS.  43 

sage  to  the  legislature,  may  well  apply  substantially  to 
the  three.  That  allusion  was:  "These  items  represent 
State  warrants,  or  State  bonds,  issued  during  the  war, 
and  representing  obligations  which  are  now  void, 
should  no  longer  be  borne  on  the  comptroller's  reports. 

"  In  effect  these  bonds  and  certificates  are  due  to 
ourselves  if  at  all,  to  support  the  University  and  pub- 
lic schools,  and  instead  of  raising  taxes  to  pay  them, 
we  may  just  as  well,  if  necessary,  effect  the  same  pur- 
pose by  paying  the  taxes  directly  to  the  support  of 
these  institutions." 

Governor  Coke  in  his  message  of  January  26, 
1^74,  to  the  Fourteenth  legislature,  says:  "The  chil- 
dren of  the  present  generation  are  as  much  entitled  to 
the  benefits  of  public  education  as  those  who  may 
come  after  them,  and  I  cannot  see  the  practical  wis- 
dom of  keeping  the  almost  entire  school  fund  of  the 
State  locked  up  and  lying  dormant  in  unproductive 
lands,  many  thousand  of  acres  of  which  are  in  settled 
counties,  retarding  each  day  their  proper  growth  and 
development 

"These  lands  are  of  the  three  classes  to-wit:  First, 
University  lands;  second,  the  alternate  sections  of  the 
public  domain ;  and  third,  the  school  lamds,  belonging, 
at  least  originally,  to  the  several  counties.  As  to  the 
power  of  control  and  disposition  of  the  first  two  classes 
by  the  State  there  can  be  no  question ;  with  regard  to 
the  third  class  there  would  seem  to  be  some  doubt." 

He  recommends  that  if  the  control  of  the  State  as 
to  the  last  class  remains  in  the  State  some  system  should 
be  devised  for  their  gradual  sale  to  actual  settlers  only, 
upon  easy  terms. 

A  statement  of  January  16,  1874,  from  A.  J.  Dorn, 
State  treasurer,*to  Governor  Coke,  shows  in  the  treasury 
for  account  of  the  University  fund,  $134,472.16,  five  per 
cent  State  bonds,  and  for  account  of  the  A.  and  M. 
College,  |5,880,  in  specie,  and  $174,000  in  seven  per 
cent  frontier  bonds. 

In  the  Fifteenth  legislature,  during  Governor 
Coke's  administration,  in  1876,  Senator  Stephens  intro- 
duced an  "Act  to  provide  for  the  location  and  survey 
of  1,000,000  acres  of  the  public  domain  of  the  State 


44  THE  UNIVERSITY  OF  TEXAS. 

of  Texas  for  the  endowment,  maintenance  and  support 
of  the  University  of  Texas." 

Senator  Terrell  also  introduced  a  bill  to  set  apart 
1,000,000  acres  of  the  unappropriated  public  domain 
for  the  establishment  and  maintenance  of  the  Univer- 
sity of  Texas,  and  for  that  purpose  to  recover  from  lo- 
cation the  lands  belonging  to  the  State  within  the 
borders  of  Greer  county. 

Neither  bill  passed. 

Governor  Hubbard,  in  his  message  of  January  14, 
1879,  to  the   Sixteenth  legislature,  refers  to  reports  of 
Acting  Land  Commissioner  Rhoads  Fisher  (Commis- 
sioner   Roos  having  died)  and  Commissioner  W.   C. 
Walsh,  showing  the  following  University  lands  located: 

Acres. 

In  Cooke  county 23,218 

In  Fannin  county 39,520 

In  Grayson  county 72,700 

In  Hunt  county 7,544| 

In  Collin  county 2,582| 

In  Lamar  county 12,146 

In  McLennan  countv  41,193 

In  Shackelford  county 17,420 

In  Callahan  county 4,582 

Total 219,906i 

whose  average  value  is  estimated  at  $3.50  per  acre, 
making  $76«,672. 

The  Governor  transmitted  to  the  legislature  the 
report  of  the  president  of  the  A.  and  M.  College  and  of 
the  college  for  colored  youths,  and  also  the  printed 
proceedings  of  the  board  of  directors  since  its  organi- 
zation, 

"The  colored  college,"  he  says,  "has  been  organ- 
ized, the  necessary  buildings  paid  for,  and  the  school  is 
now  in  successful  operation.  The  law  requiring  its  es- 
tablishment has  been  faithfully  complied  with  and  for 
a  more  complete  understanding  of  its  status  and  pro- 
gress you  are  referred  to  the  report  of  the  college  and 
to  documents  relative  thereto  on  file  in  the  executive 
department." 

As  to  University  lands,  Governor  Hubbard  say« : 
"  There  have  been  appropriated,  and  set  apart  and  sur- 
veyed, already  219,906  acres  of  land  for  the  'establish- 
ment and  maintenance  of  the  University  of  Texas.' 


THE  UNIVERSITY  OP  TEXAS.  45 

"The  constitution  (Art.  VII,  Sec.  11)  provides 
that  the  proceeds  of  sales  of  lands  shall  be  invested  in 
bonds  of  the  State  of  Texas,  if  to  be  obtained,  if  not, 
then  in  United  States  bonds,  and  shall  constitute  a  per- 
manent University  fund,  the  interest  of  which  only  can 
be  used  by  the  legislature  '  to  accomplish  the  purposes 
declared  in  the  foregoing  section;'  one-tenth,  however, 
of  the  alternate  sections  of  land  granted  to  railroads, 
reserved  to  the  State  by  act  of  February  il,  185b,  en- 
titled *An  act  to  establish  the  University  of  Texas'  is 
not  included  in,  and  does  not  constitute  a  part  of  the 
permanent  University  fund. 

**  These  lands  are  valuable,  estimated  to  be  worth 
on  an  average  |3.50  per  acre.  Under  the  present  restric- 
tions, however,  imposed  by  law  as  to  quantity,  and  re- 
quiring actual  settlement  thereon,  many  years  will  elapse 
before  the  sales  thereof  will  materially  increase.  If  re- 
moved in  a  short  while,  I  suggest  that  the  available 
funds  thus  realized  would  be  amply  sufficient  to  meet 
the  great  objects  contemplated  by  the  congress  of  the 
Republic,  and  the  early  legislatures  of  Texas.  To  your 
wisdom  I  commend  these  suggestions. 

"I  refer  you  especially  to  the  report  of  the  attor- 
ney general  *  in  relation  to  certain  sales  of  these  Uni- 
versity lands  in  the  county  of  McLennan,  in  which  the 
title  of  the  State  has  been  called  in  question  by  a 
recent  decision  of  the  United  States  court  at  Austin. 
In  any  and  all  instances  where  the  State  has  sold  lands 
to  these  citizens  and  received  consideration  therefor,  in 
whole,  or  in  part,  and  the  title,  when  adjudicated  by 
a  tribunal  of  competent  jurisdiction,  has  been  adjudged 
null  and  void,  then  the  first  duty  of  the  State  is  to 
reimburse  both  the  principal  and  interest  thereof  to  the 
citizen  who  may  be  thus  injured  by  his  innocent  pur- 
chase from  the  State.  But  a  State  cannot  be  concluded 
by  a  judgment  in  any  court  to  which  she  was  not  a 
party,  and  cannot  be  made  such,  under  the  constitu- 
tion, without  her  consent." 


*  Hon.  H.  H.  Boone  was  attorney  general  during  Hubbard's  term. 
Hon.  George  Clark  was  the  previous  attorney  general  during  the  Coke 
administration. 


46  THE  UNIVERSITY  OF  TEXAS. 

What  a  pity,  following  this  conclusion  of  Governor 
Hubbard,  that  the  rights  of  the  University  or  any 
State  institution,  can  be  compromitted  by  the  State, 
without  their  consent,  or  representation  in  any  way  as 
concerned  in  the  matter.  It  will  be  fortunate  for  such 
interests  when  a  different  rule  of  justice  governs  State 
authorities. 

In  the  report  to  Governor  Roberts,  prepared  by 
Col.  Smith,  as  president  of  the  board  of  regents, 
January  8,  18^8,  a  few  months  after  the  first  faculty 
had  been  selected,  and  the  institution  was  in  operation 
(temporarily  occupying  rooms  in  the  capitol  building) 
are  given  the  following  interesting  statements  and  re^ 
flections  upon  the  political  questions  affecting  the  Uni- 
versity : 

"The  board  of  regents  beg  to  be  permitted  to  state 
respectfully  that  they  have  full  confidence  in  the  legis- 
lature. The  circumstances  under  which  the  Eighteenth 
legislature  was  elected  are,  in  some  respects,  peculiar. 
The  convention  which  met  on  the  18th  of  August  last, 
was  composed  of  men  of  eminent  ability,  above  the 
average  political  conventions ;  they  came  fresh  from  the 
people,  and  after  the  conspicuous  non-action  of  the 
house  of  representatives  a  few  weeks  previously.  They 
proclaimed  the  principles  of  the  Democratic  party,  ex- 
pressed their  wishes,  and  threw  forth  to  the  world  their 
mandate  in  the  Democratic  platform.  That  mandate 
concerning  the  University  is  in  these  words,  articles  9 
and  lO  of  the  platform; 

"9.  We  declare  that  a  liberal  provision  should  be 
made  to  endow  with  the  public  lands  set  apart  for  the 
payment  of  the  public  debt,  or  the  proceeds  of  the 
sales  of  the  same,  the  State  University  and  its  branches. 
*  *  We  further  declare  that  the  debts  due  the  Uni- 
versity and  common  school  funds  of  Texas,  denomi- 
nated as  of  'doubtful  validity,'  should  be  recognized 
and  paid  with  the  interest  due  thereon. 

"10.  We  favor  the  fullest  education  of  the  masses, 
white  and  colored,  in  separate  common  schools,  and 
the  advanced  education  of  the  youths  of  our  country 
in  our  higher  schools  and  State  University. 

"Less  than  three  months  after  this  declaration  of 


THE  UNIVERSITY  OF  TEXAS.  4oT 

the  policy  and  wishes  of  the  Democratic  party  the 
November  elections  took  place.  The  Democratic 
members  were  elected  on  this  Democratic  platform. 
The  platform  rebukes  the  assurance  of  individuals 
who  affect  to  be  wiser  than  the  people  by  saying  that 
the  time  has  not  come  for  establishing  a  University  of 
the  first  class.  By  connecting  in  one  sentence  and  one 
common  view  common  schools  and  the  University,  it 
rebukes  the  shallow  judgment  which  fancies  that  there 
is  inconsistency  or  rivalry  in  fostering  at  the  same 
time  common  schools  and  the  University. 

"The  people  of  Texas  command,  in  their  constitu- 
tion, that  the  legislature  shall  establish  a  university  of 
the  first  class.  The  great  Democratic  party,  speaking 
for  the  entire  State,  embracing  the  wise  and  good  of 
all  political  parties,  in  these  articles  of  their  platform, 
declare  that  the  time  is  now  come,  and  demand  to 
establish  now  such  university  of  the  first  class.  The 
means  to  carry  their  will  into  effect  lie  idle  in  the 
treasury,  and  their  use  for  this  noble  purpose  will  not 
add  one  cent  to  the  public  taxes.  The  people  will  take 
no  educational  starveling,  no  institution  big  in  name 
but  meagre  in  performance.  They  demand  a  univer- 
sity to  be  now  organized  in  a  manner  and  on  a  basis 
soon  to  be  developed  into  an  institution  on  the  high 
level  of  the  foremost  institutions  of  knowledge  in  the 
entire  world;  a  university  whose  instruction,  absolutely 
free,  shall  offer  to  every  child  in  the  State,  poor  or  rich, 
that  knowledge  which  is  power  to  the  individual,  and,, 
in  the  aggregate,  power  inherent  and  indefeasible  to 
the  magnificent,  imperial  State  of  Texas. 

"The  regents,  in  closing  this  report,  beg  to  present 
to  your  Excellency  their  sincere  thanks  for  your  wise 
counsel  and  hearty  co-operation  in  carrying  thus  far- 
into  effect  the  important  trust  committed  to  them. 

"AsHBEL  Smith, 
"President  of  the  Board  of  Regents  of  the  University 

of  Texas." 

Several  years  later  Dr.  Wooten  in  his  report,  as  presi- 
dent of  the  board,  made  to  Governor  Ireland,  alludes  to 
the  action  of  the  dominant  political  party  in  the  State 
as  follows: 


48  THE  UNIVERSITY  OF  TEXAS. 

''In  conclusion,  the  Regents  take  pleasure  in  call- 
ing attention  to  the  action  of  the  Democratic  conven- 
tion convened  at  Galveston,  August  12,  1886.  That 
imposing  body  of  representative  men  with  singular 
unanimity  adopted  the  following  as  a  plank  in  the 
Democratic  State  platform :  '  We  congratulate  the 
people  of  Texas  npon  the  successful  establishment  of 
our  State  University,  and  we  recommend  the  enact- 
ment of  legislation  to  remove  the  same  as  far  as  poss- 
ible from  all  political  influences,  and  that  its  properties 
and  revenues  shall  be  strictly  guarded,  increased  and 
fostered,  so  far  as  it  can  be  done  without  taxation  upon 
the  people.'  It  is  believed  that  every  request  made  in 
this  report  is  in  strict  conformity  in  letter  and  spirit 
with  the  action  of  the  Galveston  convention.  The  in- 
corporation of  the  Board  of  Regents  will  remove  the 
University  '  as  far  as  possible  from  all  political  in- 
fluences;' and  the  repayment  of  the  money  advanced 
to  the  Prairie  View  Normal  School,  the  repayment  of 
the  money  borrowed  by  the  State  from  the  University, 
the  recognition  of  the  warrants  received  in  payment 
for  University  lands,  the  confirmation  of  the  State's 
title  for  the  benefit  of  the  University  where  the  same 
is  in  dispute,  and  the  investment  of  the  regency  with 
the  right  to  make  absolute  leases  and  sales  of  the  Uni- 
versity lands,  are  all  in  harmony  with  the  platform 
when  it  declares  '  that  its  (the  University's)  properties 
and  revenue  shall  be  strictly  guarded,  increased  and  fos- 
tered.' The  Regents  furthermore  believe  that  every 
request  in  this  report  can  be  granted  'without  taxation 
upon  the  people.'  Nothing  has  been  asked  for  except 
such  things  as  have  previously  been  granted,  or  such 
as  follow  logically  from  previous  grants. 

"In  case  the  legislation  asked  for  in  this  report  is 
granted,  the  Regents  are  confident  that  in  a  reasonable 
time  the  University  of  Texas  will  become  'a  univer- 
sity of  the  first  class.'  It  will  take  its  place  along 
side  the  really  great  inititutions  of  the  country.  Year 
after  year  young  men  and  young  women  will  go  forth 
from  its  lecture  rooms  to  become  leaders  of  the  people, 
moulders  of  public  opinion,  framers  of  public  policy, 
defenders    of    the   right   against  the  wrong,    and  the 


THE  UNIVERSITY  OF  TEXAS.  49 

upholders  of  the  liberties  and  the   franchises  and   the 
morals  of  the  commonwealth. 

"  Respectfully  submitted, 

"  Thomas  D.  Wooten, 
"President  Board  of  Regents. 
"December  IG,  1886." 

The  last  State  Democratic  convention,  representing 
the  ruling  party  in  the  State,  which  met  August  12, 
IrtQO,  in  San  Antonio,  adopted  the  following  as  a  pro- 
vision of  its  platform:  "  We  demand  that,  as  a  general 
diffusion  of  knowledge  is  essential  to  the  promotion  of 
the  liberties  and  rights  of  the  people,  the  constitutional 
provision  requiring  the  public  free  schools  to  be,  main- 
tained and  supported  for  a  period  of  not  less  than  six 
months  of  each  year,  shall  be  freely  and  faithfully  car- 
ried out  and  that  the  University,  its  branches,  and  the 
other  public  educational  institutions,  be  properly  en- 
dowed and  maintained." 

And  prior  to  this,  Hon.  James  S.  Hogg,  the  attor- 
ney general  of  Texas,  and  subsequently  the  nominee 
of  the  convention  for  governor,  and  whose  nomination 
by  the  dominant  party  is  equivalent  to  election,  thus 
favorably  expressed  himself  as  to  the  University,  in  the 
course  of  one  of  his  campaign  speeches:  "The  educa- 
tion of  the  rising  generation  is  now  imposed  upon  us 
as  a  duty.  It  is  declared  by  our  fundamental  law  to  be 
necessary  for  the  preservation  of  the  liberties  and  rights 
of  the  people,  and  all  patriots  should  respond  with 
alacrity,  pride  and  liberality  to  such  demands.  In  this 
connection  it  is  also  with  pride  that  I  commit  myself 
to  the  principle  and  policy  of  the  proper  and  just 
maintenance  of  the  State  University  and  the  Agri- 
cultural and  Mechanical  College,  in  addition  to  our 
other  educational  institutions.  Texas,  in  her  rapid 
strides  toward  leadership  in  the  federal  union,  cannot 
lose  sight  of  the  importance  of  having  the  alma  mater 
of  her  future  statesmen,  scientists  and  men  of  art,  at 
home,  under  her  own  wise  and  judicious  control." 

As  for  the  demand  of  the  San  Antonio  convention 
that  ''the  University  and  its  branches  be  properly  en- 
dowed and  maintained,"  it  may  be  simply  gratuitous 


50  THE  UNIVERSITY  OF  TEXAS. 

or  a  political  catch,  as  it  stops  short  of  adding  "by  the 
State,"  and  the  attorney  general,  who  is  at  the  head  of 
the  ticket,  for  governor,  is  known  to  have  held,  and  the 
convention  it  is  to  be  assumed  was  aware  of  the  fuct, 
that  legislatures  claim  no  power  to  appropriate  money- 
out  of  the  general  revenue  for  the  support  of  the  Uni- 
versity.    As  a  writer  in  the  News  has  expressed  it,  "the 
liberality  of  the  convention  presumably  was  expressed 
umler   full   knowledge   that  the  constitution  requires 
the  University  to  be  supported,  if  at  all,  by  the   inter- 
est  and  profits  derived  from   its  permanent  fund  of 
bonds  and  landis.     This  then  commits  the  Democratic 
party  to  an  increase  of  the  interest  bearing  and   rent 
producing  permanent  fund,  of  the  University,  or  the 
University  people  have  been  deliberately  deceived,  and 
the  platform  promise,  which  Mr.  Hogg  is  understood  to 
have  personally  formulated,  and  which  at  any  rate  he 
has  indorsed,  is  to  be  repudiated."     ****** 
"It  has  been  suggested  that  the  University  would 
get  along  if  the  regents  were  given  entire  control  and 
management  of  the  branches,  as  well  as  of  the  Univer- 
sity lands.     The  regents  could  prune  the  branches  of 
unnecessary  and  exuberant  expansion,  and  more  evenly 
and  symmetrically  divide  the  aggregate  income.     If 
this  be  denied  them  at  the  promptings  of  jealousy  in 
the  collegiate  family  no  one  will  reasonably  object  to 
control  of  the  lands  on  the  part  of  the  regents.     The 
2.000,000  acres  should  yield  a  sufficient  income.    Every 
endeavor  of  the  land  department  of  the  State  to  utilize 
the  lands  has  failed.     The  regents  are  content  if  not 
anxious  to  assume  the  task  of  leasing  and  selling  the 
lands.     They  surely  could   under  existing   laws  force 
those  who  are  using  them  to  pay  for  the  use.     It  is  un- 
derstood that  the  nominee  for  land  commissioner  and 
the  inchoate  governor  favor  the  experiment.     It  is  in 
line  with  the  new  order  of  things,  too.     A  commission 
of  regents,  with  the  legal  and  assumed  powers  of  the 
old  land  board  to  legislate,  to  adjudicate  and  execute 
commission  laws,  might  be  a  great  improvement  on  the 
state  land  office  restricted  to  statutory  powers.     Such  a 
commission  should  be  fully  competent  to  reclaim  the 
lands  from  free  graziers  and  dispose  of  them  in  a  way 


THE  UNIVERSITY  OF  TEXAS.  51 

to  yield  a  large  university  revenue,  and  this  is  as  far  as 
the  platform  seems  at  all  feasible." 

As  to  Gen.  Hogg,  it  is  believed  that  whatever  may 
be  his  views  on  the  question  of  appropriations  for  the 
University  from  the  State's  general  revenue,  he  is 
friendly  to  the  institution,  and  will  at  least  not  oppose 
further  land  endowments  for  the  University,  as  well  as 
the  (College,  so  as  to  produce  greater  revenues  for  im- 
provements, and  would  be  willing  to  have  the  Univer- 
sity lands  turned  over  to  the  exclusive  control  of  the 
regents.  The  nominees  on  the  ticket  which  he  heads 
for  governor,  and  which  is  certain  of  election,  Charles 
A.  Culberson  for  attorney  general,  Wm.  L.  McGaughey 
for  land  commissioner,  John  D.  McCall  for  comptroller, 
Wm.  B.  Wortham  for  treasurer,  and  H.  C.  Pritchett  for 
State  Superintendent  of  Instruction  are  all  understood 
to  be  quite  friendly  to  the  University. 

As  to  Governor  Ross,  his  views  as  to  the  University 
while  State  senator  and  governor,  are  presented  further 
along  in  this  history. 

Governor  Roberts'  views  have  already  been  given, 

DIFFICULTIES    ENCOUNTERED. 

The  unfortunate  fact  as  to  State  Universities  gen- 
erally is,  that  despite  the  policy  of  the  States  in  found- 
ing them  (sometimes  liberally  enough  at  the  outset) 
they  have  for  years  afterwards  to  struggle  against  the 
whims  of  legislatures,  and  radical  changes  in  govern- 
ment, for  that  moral  recognition  and  financial  support 
which  are  necessary  to  the  development  and  success 
of  such  institutions.  In  Texas  this  has  been  but  the 
legitimate  consequence  of  the  State  having  charge  of 
the  University  lands  and  all  its  material  resources, 
while  at  the  same  time  nominally  controlling  conflict- 
ing interests  of  the  University  branches  and  other  edu- 
cational interests  which,  on  account  of  jealously  or 
some  mistaken  policy,  are  strained  into  conflict  with 
those  of  the  University  as  an  entirety  of  body  and 
branches.  This  is  the  great  difficulty  with  State  man- 
agement. 

The  trouble  in  agreeing  upon  a  location  was  one 
of  the  obstacles    at  first  to   the   establishment   of  the 


52  THE  UNIVERSITY  OF  TEXAS. 

University  of  Texas,  till  ob^'iated  by  a  provision  of  the- 
constitution  of  1876,  requiring  it  to  be  located  by  a 
vote  of  the  people  of  the  State.  The  University  too 
was  naturally  antagonized  at  the  outset  by  the  denomi- 
national colleges  established  by  the  several  churches,, 
and  it  was  especially  unfortunate  in  being  brought  into 
competition  with  the  Agricultural  and  Mechanical 
College  branch  at  Bryan,  owing  to  a  disposition  of  the 
college  authorities  to  broaden  and  popularize  the  stud- 
ies of  the  College  by  approximating  them  as  near  as 
possible  to  the  university  standard,  so  that  students 
seeking  higher  education  would  be  attracted  to  the 
College  as  strongly  as  to  the  University. 

This  policy  of  the  college  directory  seems  to  have 
been  justified,  no  matter  how  it  affected  the  University, 
if  the  conclusions  in  a  recent  faculty  address  by  ex- 
Governor  Roberts,  now  a  law  professor  of  the  Univer- 
sity, are  correct.     Prof.  Eoberts  says: 

"The  law  of  congress, in  making  the  college  dona- 
tion, did  not  exclude  other  branches  of  learning,  but 
left  that  to  the  convenience  and  discretion  of  the  State 
in  organizing  and  directing  the  operations  of  the  school. 
The  k^tate  has  exercised  that  discretion,  by  providing 
in  the  constitution  of  1876,  that  it  shall  be  "a  branch 
of  the  University  for  the  instruction  in  agriculture^, 
the  mechanic  arts,  and  the  natural  sciences  connected, 
therewith."  Here  is  a  specific  direction,  as  to  what 
should  be  taught  in  that  institution,  and,  that  it  was  so 
intended  is  manifest  from  the  fact  that  the  constitu- 
tion made  it  only  a  branch  of  the  University  of  Texas, 
whose  general  objects  were  declared  to  be  'for  the  pro- 
motion of  literature,  and  the  arts,  and  sciences,  includ- 
ing an  agricultural  and  mechanical  department,'  and 
then  expressly  indicated  what  learning  should  be 
taught  in  that  branch  or  department  of  the  University.. 
If  some  learned  member  of  the  legislature  would  take 
trouble  to  examine  closely  the  curriculum,  or  course  of 
study  of  the  agricultural  and  mechanical  branch,  and 
that  also  of  the  Normal  School,  and  compare  them 
with  that  of  the  academic  department  of  the  Univer- 
sity, he  might  well  conclude,  judging  from  them,  that 
the  legislature  had  put  up,  or  rather  had  allowed  to  be 


THE  UNIVERSITY  OP  TEXAS.  53 

put  up,  three  universities  instead  of  one,  for  the  gen- 
eral collegiate  education  of  the  youths  of  this  State. 
This  is  not  referred  to  in  opposition  to  those  schools, 
but  rather  in  favor  of  them.  Por  the  best  results  are  to 
be  attained  in  those  schools,  as  well  as  in  all  others,  by 
their  being  confined  to  the  special  objects  of  their  cre- 
ation. It  is  the  business,  as  well  as  the  duty  of  the 
legislature  to  look  to  that  matter,  in  regard  to  all  of 
the  schools  of  the  State  made  so  by  the  constitution." 

President  James,  in  his  report  to  Governor  Roberts, 
stated  the  origin  and  policy  of  the  College,  as  follows: 

"Wisely  recognizing  the  intimate  connection  be- 
tween industrial  pursuits  and  National  and  State  de- 
velopment, the  laws,  Federal  and  State,  by  which  this 
OoUege  was  created  and  endowed,  contemplated  for  its 
object  ' The  practical  and  liberal  education  of  the  in- 
dustrial classes,'  and  the  consequent  development  of 
our  material  resources.  The  Federal  Act  of  July  2, 
1«62,  expressly  provides  that  all  revenue  received  from 
the  land  grant  therein  made  'shall  be  inviolably  appro- 
pri.ited  by  each  State  which  may  take  and  claim  the 
benefit  of  this  act,  to  the  endowment,  support  and 
maintenance  of  at  least  one  college  where  the  leading 
object  shall  be,  without  excluding  other  scientific  and 
classical  studies,  and  including  military  tactics,  to 
teach  such  branches  of  learning  as  are  related  to  agri- 
t3ulture  and  the  mechanic  arts,  in  such  manner  as  the 
legislatures  of  the  States  may  respectively  prescribe.' 
Texas  formally  accepted  the  gift  with  its  conditions, 
and  b}^  its  constitution  of  1876,  made  this  College 
(which  had  already  been  established  by  act  of  legisla- 
ture, April  17,  1871,)  'a  branch  of  the  University  of 
Texas,  for  instruction  in  agriculture,  the  mechanic  arts 
and  the  natural  sciences  connected  therewith.' "  [From 
report,  1882,  of  John  G.  James,  president  A.  and  M. 
■College.] 

The  agricultural  and  mechanical  branches  of  the 
College  had  both  been  put  into  operation  in  June,  18'S2^ 
but,  as  stated  in  the  college  catalogue  a  year  or  two 
later,  "  while  the  mechanical  was  interesting  and  suc- 
^cessful,  the  agricultural  did   not  attract  students,   on 


54  THE  UNIVERSITY  OP  TEXAS. 

account  of  too  much  time  being  consumed  in  un- 
instructive  manual  labor,  such  as  picking  cotton  and 
mending  roads — without  compensation." 

To  remed}^  this  the  legislature  was  asked  for  $100,- 
000  for  improvements  so  as  to  enlarge  the  scope  of  such 
instruction  and  granted  a  sufficient  part  of  the  amount 
to  bring  the  institution  up  to  something  like  its  con- 
templated agricultural  as  well  as  mechanical  standard. 

The  regents  of  the  University  unfortunately,  too, 
caused  dissatisfaction,  b}^  not  electing  Texas  applicants  to 
the  Universit}^  professorships,  thereby  making  enemies 
ot  the  applicants  with  all  their  wide  circle  of  influence 
in  the  church  colleges  and  the  public  high  schools  of 
the  State.  Whether  this  was  a  mistake  or  not  in  the 
case  of  the  Texas  University,  it  is  generall}^  true  that 
onl}^  certain  qualifications  of  applicants  from  other 
States  are  communicated,  and  their  demerits  are 
naturally  avoided  in  the  partisan  recommendations  of 
their  friends,  while  on  the  other  hand  home  talent  is 
subjected  to  the  severest  scrutiny  and  spiteful  prejudices 
are  excited  and  unreasonable  objections  invented 
against  Texas  applicants.  Thus  it  may  be  that  the 
really  more  meritorious  home  applicants  may  in  some 
instances  have  been  rejected,  and  Texas  professors  have 
been  not  without  preferment  save  in  Texas,  and  in  this 
way  the  regents  here,  as  in  other  States  doubtless,  have- 
made  some  mistakes  in  their  appointments.  What 
many  considered  high  salaries  established  for  the  pro- 
fessors ($4,000  each)  also  caused  dissatisfaction,  as  evi- 
dence of  extravagance  which  the  masses  of  the  peo- 
ple were  not  disposed  to  countenance  despite  the  plea 
that  they  were  necessary  to  attract  professors  of  emi- 
nent ability  to  Texas.  The  expenditure,  too,  of  some 
$20,000,  almost  at  the  outset,  for  chemical  and  physical 
apparatus  was  regarded  as  too  extravagant  for  a  new 
institution  with  limited  resources. 

There  were  other  causes  than  those  which  have 
been  alluded  to,  operating  at  Austin  against  the  Uni- 
versity, which  were  sharply  referred  to  by  a  cor- 
respondent of  the  Galveston  News  as  follows: 


THE  UNIVERSITY  OP  TEXAS.  55 

''the  war  between  the  university   of   TEXAS   AND    ITS 
BRANCH  AT  BRYAN.'' 

''Austin,  March  8,  18?:i5. — At  Austin  there  are 
several  causes  of  enmity  to  the  University.  The 
first  evidence,  which  is  matter  of  record,  is  con- 
tained in  Governor  Ireland's  message,  at  the  open- 
ing of  the  Nineteenth  legislature.  That  document 
refers  to  the  use  of  the  available  fund  of  the 
University  without  biennial  appropriations  of  it  by 
the  legislature,  and  the  law,  fixing  the  terms  of  office 
of  the  regents  for  more  than  two  years,  as  unconstitu- 
tional, and  yet  not  a  word  with  reference  to  the  use  of 
the  available  fund  of  the  A.  and  M.  College  without 
such  biennial  appropriations,  and  not  a  word  concern- 
ing the  law  fixing  terms  of  office  of  the  directors  of 
the  (Jollege  at  more  than  two  years.  That  message  has 
much  of  taffy  for  the  College,  and  alludes  to  the  Uni- 
versity in  a  way  to  indicate  that  he  had  taken  great 
pains  in  selecting  regents,  but  that  silence  with  respect 
to  their  management  was  all  he  could  afford. 

"Then  comes  the  A.  and  M.  College  report,  in 
which  the  chairman  of  the  faculty  and  the  president 
of  the  directory,  by  a  remarkable  coincidence  with  the 
governor's  favorable  consideration,  both  ask  for  $100,- 
000  for  the  College,  including  a  big  slice  from  the  Uni- 
versity fund.  Following  this,  the  president  of  the 
College  directory  (^>tate  Senator  PfeufFer)  produces  a 
University  bill,  entitled  "An  act  to  perfect  the  Univer- 
sity of  Texas,"  which  if  adopted  would  close  its  doors 
as  a  University,  though  they  be  re- opened  with  a  so- 
called  faculty,  selected  by  the  new  board  of  politicians, 
the  bill  proposes.  This  faculty  would  be  chosen  from 
the  class  of  cheap  statesmen;  for  the  University  fund, 
would,  if  scattered  as  the  bill  provides,  not  be  sufficient 
to  secure  educators,  or  even  influential  political  servi- 
tors at  the  parent  institution.  It  would  no  longer  be  a 
University,  but  a  poverty  stricken  hospital,  for  the 
broken  down  political  hacks  and  disabled  office  hold- 
ing veterans.  Nothing  less  than  the  practical  suspen- 
sion of  the  University  would  please  two  or  three  classes 
of  its  enemies,  but  this  the  politicians  would  not  per- 


56  THE  UNIVERSITY  OF  TEXAS. 

mit,  for  in  controlling  and  distributing  its  funds,  as 
long  as  it  might  exist,  potent  influence  upon  appoint- 
ments  and  senatorial  elections  is  kept  alive.  Still  it  is 
insisted  that  the  College  branch  is  more  important 
than  the  University  trunk,  and  an  open  fight  being 
abandoned,  it  is  now  sought,  by  means  of  the  district 
college  bill,  to  destroy  the  University  by  a  raid  upon  its 
financial  resources." 

THE  STATE  GRANGE  AND  THE  UNIVERSITY. 

This  same  correspondent,  with  an  evident  sharp 
eye,  on  the  astute  Texas  governor,  thus  hints  at  an 
effort  to  array  the  State  Grange  agahist  the  University, 
or  more  properl}^  perhaps  to  secure  the  Grange's  influ- 
ence for  the  governor,  for  United  State  senator,  in  ex- 
change for  the  governor's  influence  to  have  the  office, 
hinted  at,  created:  '  There  is  a  growing  conviction  in 
the  legislative  mind  that  the  onslaught  on  the  Univer- 
sity, has  some  ulterior  and  unworthy  motive;  that  in 
fact  there  is  a  bug  under  the  chip.  This  notion  will 
gain  ground  by  the  following  circumstance:  'Yester- 
day there  was  a  kind  of  Grange  committee  met  here, 
and  while  the  people  were  laying  the  corner  stone  of 
the  capitol,  this  committee  was  engaged  in  a  plan  to 
steal  the  ( orner  stone  of  the  University  fund.'  This 
lay-out  wants  to  commit  the  State  Grange  to  hostility 
to  the  University,  but  the  real  object,  it  is  believed, 
will  be  found  to  be  the  creation  of  a  new  office  in  con- 
nection with  the  Bryan  College,  which  the  master 
spirit  in  this  movement  expects  to  occupy  and  enjoy." 

This  scheme,  however,  whatever  it  was,  doubtless 
failed,  but  it  is  remarkable  that  Governor  Ireland  took 
singular  occasion  on  the  last  day  of  his  administration, 
to  appoint  the  president  of  the  Grange  (Col.  A.  J.  Rose) 
to  be  a  member  of  the  University  regents,  though  that 
gentleman,  now  piesident  of  the  board  of  directors  of 
the  A.  and  M.  College,  was  known  from  his  published 
views  to  be  not  only  partial  to  the  A.  and  M.  College, 
but  prejudiced  against  the  Universitj^y.  It  is  but  just 
to  Governor  Ireland,  however,  to  add  that  the  appoints 
jnent  may  have  been  for  no  other  purpose  than  to  have 


THE  UNIVERSITY  OP  TEXAS.  57 

the    College   strongly    represented   on    the    University 
board. 

Mr.  Rose  was  one  of  those  who  contended  that  the 
^'College  was  more  entitled  to  the  countenance  of  the 
farmers  than  was  the  University."  As  a  fact,  however, 
as  many  farmers'  sons  attend  the  University  as  attend 
the  College. 

RIGHTS  OF  COLORED  STUDENTS. 

Another  apprehended  trouble  to  the  University 
was  alluded  to  by  the  same  correspondent  as  follows : 
*' Without  reference  to  the  present  needs  of  the  Univer- 
sity, it  is  well  to  consider  what  trouble  the  colored  peo- 
ple may  give.  They  have  the  right  to  enter  at  the 
Bryan  College  and  at  the  University  here— more  espe- 
cially at  Bryan;  for  that  College  is  supported  by  a 
National  endowment,  so  that  it  might  be  well  to  con- 
sider the  propriety  of  making  the  A.  and  M.  College 
the  colored  branch  of  the  University,  for  teaching 
agriculture  and  mechanics,  and  transferring  the  literary 
and  other  college  departments  to  the  main  University 
•at  Austin.  This  would  solve  the  colored  problem,  and 
is  under  serious  consideration." 

Such  a  change,  apart  from  possible  local  objections 
at  Bryan  would  doubtless  be  accepted  as  a  good  thing 
for  the  College,  as  well  as  for  the  colored  people.  The 
College  faculty  might  be  incorporated  with  the  Univer- 
sity faculty  at  Austin,  and  in  order  to  give  them  em- 
phnment  a  first  class  technological  school  might  be 
started  as  a  branch  of  the  University,  somewhat  on  the 
plan  of  the  science  and  engineering  schools  connected 
with  northern  universities.  Since  it  is  a  mistake  as  a 
rule  to  establish  university  branches,  away  from  the 
parent  institution  with  the  exception  perhaps  of  medi- 
cal branches  which  may  reasonably  be  located  with 
some  reference  to  clinical  and  dissecting  advantages,  it 
would  probably  be  better  not  to  change  the  colored 
branch,  but  remove  the  Agricultural  and  Mechanical 
College  with  its  entire  outHt  to  Austin,  provided  the 
college  grounds  and  buildings  at  Bryan,  can  be  sold  to 
advantage  or  used  by  the  State  for  other  good  purposes. 

As  an  evidence  of  the  disposition  of  the  colored 


58  THE   UNIVERSITY  OF  TEXAS. 

people  of  the  State  seeking  recognition  of  their  inter- 
ests in  the  matter  of  public  education,  the  following 
communication  was  addressed  to  the  Twentieth  legisla- 
ture, in  January,  18M7: 

''  To  the  Senate  and  House  of  Representatives  of  Texas  in 
Legislation  Assembled: 

"preamble  and  RESOLUTION'S." 

"Whereas,  The  colored  people  of  the  State  of  Texas 
Stan  d  greatly  in  .need  of  scientific  instruction  in  agri- 
culture and  industrial  arts,  and  are  shut  out  of  all  means, 
of  acquiring  such  knowledge;  and 

"Whereas,  The  constitutional  convention  of  1876, 
composed  of  such  distinguished  citizens  of  our  State  as 
Hon.  L.  S.  Ross,  present  executive;  Hon.  Fletcher  S. 
Stockdale,  Hon.  John  H.  Reagan,  Hon.  W.  P.  Ballin- 
ger,  Hon.  George  McCormick,  Hon.  Marion  Martin, 
Hon.  Vj.  S.  West,  Eon.  John  Henry  Brown,  Hon.  N.  H. 
Darnell,  and  a  host  of  other  distinguished  citizens, 
authorizes  and  directs  the  legislature  to  establish  an 
agricultural  and  mechanical  college,  so  that  the  colored 
people  might  acquire  such  knowledge;  and 

"Whereas,  The  Fifteenth  legislature  recognizing  the 
necessity  of  such  an  institution,  and  in  pursuance  of 
their  constitutional  duty,  did  pass  an  act  entitled  'An 
act  to  establish  an  agricultural  and  mechanical  college 
of  Texas  for  the  benefit  of  the  colored  youths,  and  to 
make  appropriations  therefor.'  (Chapter  92.  Ap- 
proved August  14,  i87().)     Therefore,  be  it 

"Resolved,  That  the  present  legislature  is  earnestly 
requested  to  make  the  necessary  appropriation  to  carry 
into  effect  the  provisions  of  the  law  of  1876, 

"Kesolved,  That  the  senator  and  representatives 
from  this  district  be  respectfully  requested  to  use  their 
best  exertions  to  secure  the  passage  of  a  suitable  appro- 
priation to  put  into  effect  the  law  establishing  an  agri- 
cultural and  mechanical  college  for  the  colored  youths 
of  this  State.  "David  Goodin, 

"President. 
"C.  J.  Waring, 

"Secretar3^" 

[Referred  to  the  Committee  on  Education,] ! 


THE  UNIVERSITY  OF  TEXAS.  59^ 

QUESTION  OF  REMOVAL  OF  THE  COLLEGE. 

As  to  placing  the  colored  branch  at  Bryan,  which 
would  have  to  be  done  by  a  vote  of  the  people  of  the 
State,  since  their  vote  has  designated  Austin  for  its  lo- 
cation, the  change  would  have  the  advantage  of  at 
once  inaugurating  the  colored  school  in  the  buildings 
and  ample  grounds  of  the  Bryan  college,  and  much 
nearer  to  the  Colored  Normal  iSchool  at  Prairie  View, 
than  is  Austin.  The  federal  land  endowment  to  the 
college,  too,  might,  by  amendment  of  the  act  of  con- 
gress, be  transferred  to  the  colored  branch  at  iiryan,, 
which  would  accordingly  take  the  place  of  the  college, 
with  its  grounds,  buildings  and  landed  endowment,  as 
an  agricultural  and  mechanical  college,  and  branch  of 
the  University,  and  the  college,  with  its  board  of 
managers  merged  with  the  University  regents,  and  its 
faculty  and  apparatus  transferred  to  Austin,  could  be 
incorporated  as  a  strictly  science  school,  or  technolog- 
ical branch  of  the  University.  As  to  the  military 
feature  of  the  college,  it  might  well  be  dispensed  with, 
by  constitutional  amendment,  or  retained  at  Austin,  as 
well  as  at  Bryan,  either,  or  both,  as  the  vote  of  the 
people  might  determine.  Some  such  arrangement 
would  doubtless  be  acceptable  to  a  great  majority  of 
the  people,  white  and  colored,  though  in  face  of  the 
opposition  likely  to  be  encountered  by  local  objections 
from  the  people  of  Bryan. 

Another  solution  of  this  matter  and  one  which 
the  State  can  well  afford  in  order  to  harmonize  the 
claims  of  the  colored  people  for  university  education 
would  be  to  turn  over  the  entire  outfit  of  grounds, 
buildings,  apparatus  and  endowment  of  the  college  to 
establish  a  State  colored  university  at  Br3^an,  includ- 
ing the  agricultural  and  mechanical,  and  even  the 
military  feature  if  desired  and  make  it  an  entirely 
independent  State  institution,  transferring  the  college 
faculty  for  new  work  in  a  technological  school  of  the 
University  at  Austin  and  providing  for  a  new  corps  of 
teachers  for  the  colored  universit}''  at  Bryan.  The 
military  feature  at  Bryan,  and  the  agricultural,  me- 
chanical and  military  features  at  Austin*  one  or  all, 


•60  THE  UNIVERSITY  OF  TEXAS. 

might  be  dispensed  with  or  not  as  a  vote  of  the  people 
•on  submission  of  the  several  propositions  might  deter- 
mine. Thus  respective  universities  for  the  colored  and 
white  people,  to  be  fostered  by  the  iState,  each  as  their 
necessities  might  require,  would  be  harmoniously  es- 
tablished, and  grand  opportunities  would  be  afforded 
for  individual  munificence  to  co-operate  with  the  ^^tate 
in  the  further  endowment  of  the  two  institutions,  as 
inclinations  of  the  donors  for  either  or  both  dictated. 
The  fact  is  that  a  colored  branch  of  a  university 
mainly  devoted  to  the  interests  of  the  whites,  has  come 
to  be  about  as  incongruous,  as  would  be  a  branch  for 
whites  attached  to  a  university  mainly  devoted  to  the 
interests  of  colored  people,  if  for  no  other  reason  than 
incompatability  of  associations.  But  for  the  sake 
of  conciliation  under  the  reconstruction  policy  and 
methods  of  State  rehabilitation  it  is  more  probable 
that  a  State  colored  university  than  a  colored  branch 
would  have  been  established. 

A  very  fair  solution,  probably  for  reconciling  the 
conflicting  interests  of  the  college  and  the  University, 
would  be  something  like  a  bill  introduced  in  the  legis- 
lature by  Representative  McGaughey,  of  Hood  county, 
to  increase  the  land  endowment  of  the  college  to  an 
extent  that  would  serve  as  a  compromise,  in  lieu  of  any 
future  appropriations  for  the  college  from  University 
funds,  rhe  State  might  well,  too,  go  further  and  set- 
tle the  question  of  removal  of  the  college,  by  making 
it  an  entirely  independent  institution,  every  way 
separate  from  the  University. 

The  evolvement  of  new  organizations,  by  changing 
locations,  as  well  as  other  relations,  is  not  without  pre- 
cedent in  the  history  of  educational  institutions  in  the 
South,  being  the  result  of  changes  in  the  policy,  or  de- 
velopments of  the  country,  or  some  other  cause,  such 
as  considerations  of  health,  or  injudicious  locations. 
So  the  removal  of  the  college  branch  of  the  University 
to  Austin  should  be  well  considered  before  further  large 
expenditures  are  made  at  Bryan. 

As  some  writer  has  expressed  it,  the  University  of 
Virginia  is  **  the  lengthened  shadow  of  Jefferson,"  and 
it  may  be  that  the  man  is  now  living  who  will,  as  nobly 


THE  UNIVERSITY  OP  TEXAS.  61 

and  effectually  as  did  JefiPerson,  project  his  own  shadow 
far  down  the  future,  either  by  his  work  and  influence 
in  this  direction,  or  enlarged  munificence  in  some  way 
in  behalf  of  the  University  of  Texas.  Certainly  there 
is  grand  opportunity  for  distinction  for  some  one  to 
perfect  a  combination  to  bring  the  University  and  its 
branches  in  more  harmonious  relationship,  now  that 
time  has  developed  the  fact  that  original  plans  need  to 
be  changed,  by  more  systematic  and  suitable  arrange- 
ments for  their  consummation. 

As  in  any  other  business,  time  is  required  to  de- 
velop educational  exigencies  and  proprieties.  It  was 
not  till  up  to  a  hundred  years  ago,  as  illustration,  that 
girls  were  admitted  into  the  public  schools  at  Boston,, 
or  probably  anywhere  in  the  United  States,  and  it  is  not 
to  be  expected  that  any  educational  methods  can  be  at 
once  perfectly  devised  to  meet  all  contingencies.  In 
the  case  of  the  colored  branch  for  the  Texas  University 
it  was,  as  is  well  known,  to  have  been  established  in 
response  and  deference  to  general  public  sentiment,  in 
behalf  of  the  freedmen  of  the  State.  But  while,  as  a 
matter  of  policy,  incident  to  the  war,  this  was  then 
naturally  to  be  expected,  the  branch  establishment  is  no 
longer  as  desirable  doubtless,  in  the  estimation  of  the 
colored  people  and  in  acknowledgment  of  their  claims, 
as  w^ould  be  the  organization  of  an  independent  uni- 
versity, either  at  Austin  or  Bryan,  for  the  highest  pos- 
sible education  of  their  children.  As  to  the  college 
outfit  at  Bryan,  local  opposition  there  might  be  fairly 
reconciled,  or  more  than  compensated  to  the  people  of" 
that  section,  in  case  of  removal  of  the  college  ta 
Austin,  and  without  agitating  a  changed  location  of 
the  colored  branch  of  the  University,  or  tiie  establish- 
ment of  a  colored  University,  by  having  the  State  to 
provide  for  some  other  use  of  the  college  property,  and 
establishing  an  even  more  important  and  advantageous 
institution  there  in  the  interest  of  the  people  at  Bryan. 

The  State  might  utilize  the  grounds  and  buildings, 
with  the  purchase  of  additional  land,  for  a  convict 
cotton  farm  and  factory;  or  what  would  perhaps  be 
fairer  and  more  important  for  the  Bryan  people,  could 
well  afford  to  give  them  the  college  grounds  and  build> 


62  THE  UNIVERSITY  OF  TEXAS. 

ings  for  an  educational  establishment  of  their  own,  or 
to  use  as  a  bonus  to  secure  a  cotton  factory  for  their 
own  account.  At  all  events,  a  great  iState  like  Texas 
is  capable  of  compassing  such  interests  in  some  satis- 
factory way,  and  should  not  shrink  from  the  solution  of 
any  problem  of  important  concern  in  her  educational 
policy,  whether  affecting  the  college  or  the  University, 

As  to  the  reorganization  of  educational  institu- 
tions, it  has  been  found  advisable  and  successful  in 
numerous  instances;  and  in  some  cases  a  change  of 
location  has  been  necessary  to  promote  their  success,  as 
in  the  case  of  Kandolph-Macon  College,  Virginia,  which 
was  located  in  Mecklenberg  county,  in  that  State,  with 
reference  to  accessibility  from  North  Carolina,  as  well 
as  Virginia,  but  had  to  be  removed  after  the  war  to 
Hanover  county,  to  prevent  its  absolute  decadence  and 
failure. 

The  great  scheme  of  Chevalier  Quesnay  to  plant 
in  Richmond,  as  the  capital  of  Virginia,  a  French 
academy  of  the  arts  and  sciences,  with  branch  acade- 
mies in  Baltimore,  Philadelphia  and  iNew  York,  grew 
out  of  the  French  alliance  with  the  United  States,  and 
what  was  so  fancifully  known  as  the  French  academy 
at  Richmond,  was  really  the  basis  of  Jefferson's  scheme 
for  the  University  of  Virginia.  Jefferson  favored  the 
Quesnay  project,  by  allowing  his  name  to  be  promi- 
nently associated  in  it  with  Quesnay's.  "  Indeed,"  says 
Dr.  Herbert  Adams,  in  his  monograph  on  'Jefferson 
and  the  University  of  Virginia,'  for  the  United  States 
Bureau  of  Education,  "Quesnay's  idea  was  similar  to 
that  afterwards  cherished  by  Jefferson  himself,  when  in 
179.)  Jefferson  began  to  correspond  with  George  Wash- 
ington about  the  feasibility  of  removing  bodily  to 
Virginia  the  entire  faculty  of  the  Swiss  College,  of 
Geneva,  which  was  thoroughly  French  in  its  form  of 
culture."  And  yet  Richmond  was  not  made  the  seat 
of  the  University,  as  Jefferson  changed  his  attention  to 
the  development  of  his  alma  mater,  William  and  Mary 
College,  into  a  State  University.  Finding  it  impracti- 
cable, however,  to  thus  develop  an  ecclesiastical  insti- 
tution, like  William  and  Mary,  his  next  ambition,  as 
he  proposed   to   the   legislature,   was   to   transfer  the 


THE  UNIVERSITY  OF  TEXAS.  63 

**Geneva  College  to  Virginia,  and  he  appealed  to  George 
Washington  for  support  of  his  scheme.  But  Washing- 
ton favored  a  national  rather  than  a  cosmopolitan  uni- 
versity, and  objected  to  the  importation  of  a  faculty  of 
foreign  professors  not  familiar  with  the  language  and 
policy  of  our  government.  It  was  eventually,  the 
Albemarle  Academy,  established  near  Jefferson's  home 
which  was  finally  developed  into  the  University  of 
Virginia,  after  its  name  had  been  changed  to  Cential 
-College. 

In  1817  Mr.  Mercer  introduced  his  bill  in  the  leg- 
islature to  establish  the  University  of  Virginia,  based 
somewhat  on  the  Jefferson  plan,  though  not  satisfactory 
to  Mr.  Jefferson.  The  bill,  which  was  rejected,  pro- 
vided for  several  State  colleges,  as  Governor  Ireland 
once  proposed  for  this  State;  and  as  a  notable  feature 
for  that  period,  authorized  the  acceptance  of  the  Anne 
Sinith  Academy  "for  the  education  of  females."  Jef- 
serson's  final  proposition  was  for  a  Central  State  Uni- 
versity, to  be  located  "in  a  central  and  health}^  part  of 
the  State,"  making  two  suggestions  as  to  locality — one 
leaving  the  question  to  a  board  of  education,  and  the 
other  specifically  providing  for  acceptance  of  Central 
College  and  buildings  for  the  site  and  establishment  of 
the  University. 

At  one  time  it  was  proposed  to  move  the  old  Wil- 
liam and  Mary  college  of  Virginia  to  Richmond,  and 
but  for  the  opposition  of  Jefferson  on  account  of  con- 
flict with  his  University  scheme,  the  change  would 
probably  have  been  effected.  The  people  of  Richmond 
were  strongly  in  favor  of  the  removal,  and  it  would 
have  been,  says  Dr.  Adams  in  his  history  of  the  college, 
'*a  fortunate  thing  for  the  college,  for  the  Univer- 
sity and  for  the  State  at  large,  if  all  interests  could 
have  been  united."  Its  friends  were  nearly  all  agreed 
that  the  change  would  have  been  the  salvation  of  the 
college  which  is  now  in  a  state  of  caducity,  without 
students,  or  professors,  save  its  venerable  president 
Ewell,  and  maintaining  only  the  barest  semblance  of 
organization  oy  the  formal  opening  of  its  doors  every 
academic  year  so  as  not  to  forfeit  its  charter,  and  to  keep 
it  in  line  for  any  opportunity  that  may  happen  to  re- 


64  THE  UNIVERSITY  OP  TEXAS. 

vive  its  fortunes.  A  highly  interesting  allusion  ta 
this  fact  will  be  found  in  Dr  Adams'  sketch  of  William 
and  Mary  college  for  the  United  States  Bureau  of  Edu- 
cation 1887.* 

There  remains  yet  another  argument  in  favor  of 
the  removal  of  the  college  from  Bryan  to  Austin — the 
advantages  over  a  town,  much  less  a  village,  wiiich  a 
large  city  and  especially  the  capital  of  the  fetate  affords. 
In  the  preamble  to  the  act  passed  in  the  reign  of 
Queen  Anne  in  1705,  when  Williamsburg,  Va.,  was 
founded,  it  was  declared  as  one  of  the  motives  which 
determined  the  location  of  the  city  :  "  It  will  prove 
highly  advantageous  and  beneficial  to  the  Royal  col- 
lege of  William  and  Mary  to  have  the  conveniences  of 
a  town  near  the  college."  Alluding  lo  this  fact  Dr. 
Adams  forcibly  argues  as  follows : 

"Clearly  these  early  legislators  of  Virginia  were 
in  advance  of  their  age.  They  believed  what  the 
Nineteenth  century  is  just  beginning  to  find  out,  that 
a  good  municipal  environment  is  favorable  rather  than 
injurious  to  the  higher  education;  that  the  town  is  more 
suitable  than  the  country  for  the  growth  of  a  college 
or  a  university.  The  early  Virginians  had  no  idea 
that  professors  and  students  should  be  turned  out  to 
pasture  like  superannuated  horses  and  untrained  colts^ 
and  expected  to  feed  on  grass  like  Nebuchadnezzar.  It 
is  a  very  bucolic  view  of  the  higher  education  to  ex- 
pect it  to  flourish  in  the  open  fields,  apart  from  human 
society,  away  from  great  libraries,  museums,  schools, 
churches,  and  from  all  the  helpful,  quickening  influen- 
ces of  municipal  life. 

"Civilization  and  culture  are,  historically  speak- 
ing, the  products  of  towns  and  cities.  The  idea  of 
isolating  students  from  the  world  is  b«t  the  survival  of 
the  monastic  system,  which  sought  cloistered  retreats 
within  protecting  walls.  While  society  and  education 
owe  much  to  this  system,  it  should  be  remembered  that 
monasticism  is  a  mediaeval  and  not  a  modern  idea. 
Indeed,  the  monastery  and  the  castle  were  but  historic 
reversions  to  the  more  primitive  idea  of  hill- forts  and 


*  Since  this  was  written,  the  author  is  advised  that  the  college  has 
received  liberal  public  aid,  and  is  again  in  successful  operation. 


THE  UNIVERSITY  OF  TEXAS.  65 

patriarchal    burghs,    from    which    ancient    cities    and 
cla~ssical  civilization  sprang." 

As  a  question  of  economy,  and  certainly  in  the 
light  of  experience  it  seems  strange,  that  for  any  other 
consideration,  this  State  should  have  established  the 
college  at  Bryan,  or  even  the  medical  branch  at  Gal- 
veston, away  from  the  parent  institution  at  Austin, 
where,  by  concentration,  all  would  have  the  advantages 
of  a  general  library,  museums,  laboratories,  dormito- 
ries, mess-halls,  lecture  rooms,  and  chemical  and 
physical  apparatus,  in  common,  without  the  enormous 
expense  of  duplicating  or  triplicating  such  essentials 
for  the  several  branch  institutions,  when  scattered  over 
the  State.  The  proposition  to  separate  them  was  stren- 
uously advocated,  among  others,  b}^  Gen.  Darnell,  a 
prominent  member  of  the  State  convention  of  1875, 
with  other  able  men  of  the  time,  who  seemed  to  con- 
sider universities  institutions  ''mainly  for  the  benefit  of 
the  rich."  It  was  as  earnestly, but  unsuccessfully,  con- 
tested by  such  men  as  Col.  Wigfall,  Judge  Terrell  and 
Gen.  Ross  (now  Governor  Ross)  and  perhaps  others 
■equally  zealous  and  prominent  in  the  matter. 

There  is  no  question  that  it  would  save  the  State  a 
great  deal  of  future  expenditures  to  have  all  the 
branches  of  the  University  centered  with  the  main  es- 
tablishment at  Austin.  This  is  stated  as  a  general 
principle,  and  not  because  the  parent  institution  hap- 
pens to  have  been  located  in  that  city. 

THE    UNIVERSITY    AND    THE    STATE. 

The  University  regents  are  but  an  anomaly  with- 
out regency  powers,  except  as  circumscribed  cashiers,  so 
far  as  concerns  the  University's  finances,  and  as  will  be 
seen  further  along,  their  duties  are  still  more  circum- 
scribed and  anomalous  as  to  the  University  lands.  As 
to  the  faculty,  even  that  has  not  escaped  the  iron  force 
of  the  executive  mandate,  nor  the  University  itself  the 
mischievous  effect  of  adverse  rulings  by  State  officials. 
Almost  at  the  very  outset  of  his  official  duties,  the  first 
chairman  of  the  university  faculty  was  summoned  be- 
fore Governor  Ireland  to  know  why  students,  not  over 

6-1. 


66  THE  UNIVERSITY  OF  TEXAS. 

half  a  dozen,  from  other  States,  were  being  admitted  free 
of  tuition  fees,  the  same  as  Texas  students  were  admit- 
ted; and  on  another  occasion  the  professor  of  chemistry 
was  taken  to  task  for  proposing  to  charge  for  some 
analysis  in  w^hich  the  State  chanced  to  be  interested. 

Governor  Ireland  afterwards,  in  his  address  at  the 
University's  inaugural  exercises,  explained  his  position 
as  to  admitting  students  from  other  States  :is  follows: 
''Some  question  has  been  raised  about  receiving  stu- 
dents here  who  are  citizens  of  other  States.  In  the  in- 
fancy of  this  school  and  while  the  faculty  had  but  lit- 
tle to  do,  there  can  be  no  valid  objection  to  receiving 
such  students  upon  their  paying  fair  tuition  and  other 
fees.  But  this  even  would  not  be  desirable  if  Texas 
could  fill  the  University  with  her  own  children.  Texas 
and  Texans  are  liberal.  They  are  munificently  liberal 
to  our  owm  people  and  reasonably  liberal  to  the  people 
of  other  countries.  But  by  no  theory  or  reasoning  can 
any  one  who  is  a  citizen  of  some  other  State  claim  the 
right  to  enter  here  on  the  same  terms  wuth  our  own 
people.  No  reasonable  person  will  so  contend  for  a  mo- 
ment. We  propose  to  educate  our  own  boys  and  girls. 
On  this  point,  however,  our  people  are  by  no  means  an 
unit;  but  none  are  so  visionary  as  to  contend  that  we 
must  give  free  education  to  citizens  of  other  States."* 

In  the  matter  of  the  analysis  referred  to.  the 
governor  claimed  to  be  merely  exercising  his  right  as 
the  executive  of  the  State,  to  call  attention  to  what  he 
considered  an  error  as  to  the  management  of  a  State 
institution. 

As  to  the  eflPect  of  State  officials'  rulings,  it  so  hap- 
pened in  1882,  when  the  institution  was  in  sore  need 
of  funds  to  put  it  into  operation,  that  the  then  State 
comptroller  (Mr.  Brown)  held  that  a  certain  large 
amount  in  the  State  treasury  (over  $80,000)  belonged 
to  the  University's  permanent  fund,  and  consequently 
was  not  available  for  the  University's  organization, 
while  his  successor  (Comptroller  Swain)  ruled  directly 
to  the  contrarv,  and  had  it  transferred  from  the  perma- 


*  The  question  as  to  admitting  students  from  other  States  was 
suggested  to  Governor  Ireland  by  a  newspaper  correspondent,  and 
otherwise  perhaps  would  never  have  attracted  the  governor's  atten- 
tion, and  really  should  never  have  been  noticed. 


THE  UNIVERSITY  OF  TEXAS.  67 

nent  to  the  available  fund,  so  that  it  could  be  applied 
for  the  purposes  desired. 

The  regents  are  not  allowed  to  control  even  what 
is  called  the  "University's  available  fund,"  made  up  of 
interest  on  its  bonds  and  on  notes  given  for  University 
lands.  The  legislature  dictates  appropriations  from 
this  fund,  simply  to  be  applied  by  the  regents  to  the 
uses  dictated,  leaving  them  no  discretion  as  to  the  most 
needed  channels  for  the  appropriations,  either  as  to  the 
University  or  its  branches.  Thus  the  legislature  directs 
not  only  how  the  money  sha'il  be  applied,  but  can,  if  it 
chooses,  divert  every  dollar  of  the  University's  availa- 
ble resources  to  any  one  or  all  of  its  branches,  na 
matter  what  may  be  the  necessity  of  the  main  estab- 
lishment; and  thus  it  is,  the  distribution  of  the  fund 
arbitrarily  by  the  legislature  itself  is  a  source  of  bitter 
and  often  partisan  contention  in  the  halls  of  legislation 
between  the  regents,  in  behalf  of  the  necessities  of  the 
main  department  at  Austin,  and  the  advocates  of  some 
times  extravagant  demands  for  the  Agricultural  and 
Mechanical  College,  or  branch  at  Bryan ;  and  latterly 
the  })ossibly  premature  demands  of  the  Medical  Col- 
lege, or  branch  at  Galveston,  as  indicated  in  the  regents' 
third  biennial  report  (1888)  under  the  heading  "The 
Medical  Department,"  and  referred  to  in  the  message 
of  Governor  Ross  to  the  legislature  as  follows : 

"While  we  feel  a  laudable  ambition  in  the  posses- 
sion of  a  University  of  the  highest  grade,  as  was  clearly 
contemplated  by  its  founders,  and  the  requirements  of 
the  organic  law,  yet  in  view  of  the  fact  that  it  is  de- 
pendent in  its  operations  upon  such  revenues  as  may 
be  derived  from  its  permanent  funds,  and  looking  at 
the  matter  from  a  purely  business  standpoint,  it  is  my 
deliberate  judgment  that  it  is  not  only  violative  of 
sound  business  principles,  but  extremely  hazardous  to 
its  permanent  growth  and  standing,  to  continually  en- 
large its  scope  beyond  its  available  revenue  upon  hopes 
and  expectations  so  apt  to  prove  delusive  and  unsatis- 
factory. Its  present  insufficient  revenue  affords  the 
board  of  regents,  who  are  laboring  so  patriotically  and 
unselfishly  in  its  interest,  much  good  reason  to  impeach 
the  wisdom  of  the  scheme  for  the  establishment  of  the 


68  THE  UNIVERSITY  OF  TEXAS. 

medical  branch  at  Galveston,  to  be  run  on  a  starvation 
plan,  while  putting  the  University  upon  still  shorter 
rations.  This  mode  of  applying  its  revenues  certainly 
discredits  good  business  judgment,  and  seems  to  be  the 
profusion  of  the  prodigal  rather  than  the  judicious 
generosity  or  justice  which  confers  real  and  lasting 
benefits." 

The  contention  with  the  University  has  been  es- 
pecially notable  for  years  as  to  the  college  at  Bryan,  a 
rather  abnormal  branch,  as  already  noticed,  in  having  its 
board  of  control,  entirely  independent  of  the  Univer- 
sity's and  pressing  their  special  demands  for  the  college, 
in  opposition  to  the  claims  of  the  regents  for  other 
university  interest^'. 

At  one  session  of  the  legislature,  as  an  evidence  of 
the  partisan  spirit  engendered,  one  of  the  members 
(Mr.  Henderson  of  Lamar),  in  violation  of  the  rules 
governing  such  bodies,  rose  from  his  seat  while  the  vote 
■yvas  being  taken  for  an  appropriation  for  the  college 
from  the  University'  fund,  and  exclaimed,  "Remember 
the  farmers'  college!"  On  another  occasion,  a  promi- 
nent representative  (Mr.  Bell  of  Cooke),  declared  in  a 
violent  speech,  assuming  the  power  of  the  legislature 
as  argument  against  appropriations  for  the  University, 
that  ''the  legislature  could  refuse  to  make  any  provis- 
ion whatever  for  the  University  and  starve  it  out  of  ex- 
istence, or  demolish  it  by  tearing  down  its  walls  and 
leveling  it  to  the  ground.'' 

In  the  Twentieth  legislature,  in  1888,  when  the 
simple  question  involved  in  discussion  w^as  the  repay- 
ment of  University  funds  used  by  the  State  for  other 
than  the  purposes  of  the  University,  a  proposition  which 
was  so  plain  to  the  senate  as  to  induce  that  body  to 
pass  its  bill  appropriating  over  $200,000  to  repay  the 
money  with  interest,  it  was  astounding  to  hear  the  Mc- 
Lennan representative  (Mr.  Prendergast) ,  plead  that 
''the  State  did  not  owe  the  University  a  cent,  it  be- 
ing,'' he  argued,  "a  case  of  justified  diversion  of  funds 
intended  for  one  purpose,  but  changed  to  another  by 
subsequent  enactment."  This  was  certainly  a  strange 
argument,  that  diverting  the  funds  from  their  original 
object,  and  trust  funds  at  that,  justified  taking  them 


THE  UNIVERSITY  OF  TEXAS.  69> 

without  creating  any  obligation  to  restore  the  money. 
The  argument,  however,  seemed  to  have  its  effect,  at 
least  in  the  house,  which  voted  "a  loan  to  the  Univer- 
sity" giving  the  appropriation  that  designation  to  avoid 
admitting  that  the  claims  of  the  University  constituted 
any  debt  of  the  State,  and  yet  requiring  that  the  loan 
should  be  in  full  settlement  and  satisfaction  of  all 
claims  of  the  University  against  the  State.  * 

The  fact  is  that  the  attitude  of  Texas  legislatures 
generally,  as  to  the  University's  claims,  presents  some 
remarkable  displays  of  political  tergiversation.  First, 
it  is  noticeable  that  the  State,  while  providing  for  the 
return  of  the  funds  which  it  used,  invariably  stipula- 
ted (with  itself  of  course)  that  the  money  should  be  re- 
placed without  interest,  thus  using  the  funds  upon  its 
own  sovereign  terms,  regardless  of  the  right  of  the 
University  to  interest,  as  the  legitimate  fruit  of  its 
sources  of  revenue.f  So  some  members  contended  that 
even  if  the  old  claims  of  the  University  were  counte- 
nanced at  all,  only  the  principal  should  be  allowed,  as 
tlie  State  was  not  only  sovereignly  exempt  from  pay- 
ing interest,  but  had  absolved  itself  from  all  obligations 
to  do  so,  by  the   express  terms  of  the  appropriation, 

*  Mr.  Bell  is  not  the  only  one  to  suggest  the  iconoclastic  powers  of 
legislatures  to  trample  upon  shrines  of  learning;  and  the  legislature  of 
Texas  is  not  alone  in  disregard  of  the  sacred  trusts  of  educational 
funds.  In  Virginia,  in  1818,  when  the  first  appropriation  was  made  for 
education,  the  house  of  delegates  at  first  favored  "a  small  appropria- 
tion from  the  literary  fund  of  the  State  for  the  education  of  the  poor, 
and  the  rest  of  the  fund  to  the  payment  of  the  debts  of  the  State." 

"  In  Wisconsin,"  as  cited  in  the  history  of  the  University  of  that 
State,  "  the  denominational  colleges  sent  up  petitions  asking  that  the 
university  fund  and  its  income  be  divided  among  them  and  the  State 
University  be  abandoned.  Many  names  were  attached  to  these  peti- 
tions, and  the  local  press  favored  the  measure,  until  a  pressure  was 
brought  to  bear  upon  the  legislature  that  was  almost  irresistible  ;  and 
on  the  19th  of  March,  1855,  a  mi^mber  of  the  board  of  regents  (elected 
to  the  legislature  on  the  15th)  introduced  a  bill  into  the  assembly  to 
repeal  the  charter  of  the  University,  distribute  its  funds,  and  give  its 
income  to  the  denominational  colleges  in  the  State."  (Carpenters' 
Historical  Sketch  of  the  University.) 

t  Act  of  .January  31.  1860,  authorized  the  use  of  the  $100,000  United 
States  bonds  to  meet  appropriations  'for  frontier  defense" — "the 
amount  used  with  interest  accrued  and  accruing  shall  be  replaced  and 
paid  back  to  the  University  fund  without  interest." 

Act  of  February  8,  1861,  appropriated  $25,000  for  similar  purpo.>-es, 
out  of  United  States  bonds  in  the  treasury  arising  from  sales  of  Uni- 
versity lands,  '■  and  the  amount  so  paid  shall  become  a  charge  against 
the  State;  and  be  returned  to  the  University  fund  without  interest, 
when  the  condition  of  the  treasury  will  allow." 


70  THE  UNIVERSITY  OB^  TEXAS. 

albeit  these  terms  were  such  only  as  were  fixed  by  the 
State  itself  without  assent  from  any  other  representaj- 
tive  source  on  the  part  of  the  University,  so  that  the 
Universit}^  was  not  then  fairly  a  party  to  the  act.  Thus 
while  willing  to  allow  the  principal,  they  objected  to 
paying  the  interest,  the  enormity  of  which  by  long 
years  of  accumulation  had  a  good  deal  to  do  no  doubt 
with  the  sovereignty  of  their  convictions  in  the  matter. 
Still  it  is  no  reason  because  one  legislature  unjustly 
stipulates  with  itself  against  it,  that  another  should  not 
be  just  and  pay  interest,  as  do  individuals  for  the  use 
of  money;  but  such  seems  to  be  the  way  with  legisla- 
tures in  too  many  instances. 

These  may  be  extreme  illustrations  and  even  rare 
exceptions  as  to  the  influences  affecting  legislation  as 
to  State  Universities.  Still,  the  picture  is  not  over- 
drawn as  to  the  powers  of  such  bodies  when  badly  in- 
fluenced; and  in  some  instances  perhaps  fairly  reflects 
the  disposition  of  many  who  have  figured  in  Texas 
politics. 

Editorials  in  the  StcUesman  thus  forcibly  alluded  at 
the  time  to  the  strange  state  of  affairs  existing  between 
the  college  and  the  University: 

"WHOSE    UNIVERSITY? 

"There  are  seveial  propositions  before  the  legisla- 
ture, which  it  is  hoped  the  members  will  rise  to  the 
dignity  of  considering  upon  their  merits,  and  in  that 
patriotic  spirit  which  should  characterize  a  body  of 
men  delegated  by  the  people  to  act  for  them  in  a  sov- 
ereign capacity,  and  not,  as  the  representatives  of  any 
:special  interests,  to  the  detriment  of  the  general  wel- 
fare. Certainly  it  is  not  the  province  of  a  legislator  l)e- 
cause  he  happens  to  be  a  farmer,  to  insist  that  a  branch 
of  the  University,  because  it  alone  is  assumed  to  be,  par 
excellence,  a  farmers'  institution  (which  seems  to  be 
the  assumption  as  to  the  Agricultural  and  Mechanical 
College)  must  be  sustained  at  all  hazards  to  the  Univer- 
sity. The  question  is  not  what  the  farmers  alone  want, 
but  what  is  best  for  all  classes.  If  a  farmers'  college 
was  all  the  people  desired  they  would  never  have 
established  the   University.     But  they   wanted   some- 


THE  UNIVEFiSlTY  OF  TEXAS.  71 

thing  more  than  such  a  college,  as  is  evidenced  by  their 
munificent  endowment,  intended  for  its  support,  and 
not  f<ir  diversion  from  its  management  in  every  con- 
ceivable channel  which  whimsical  legislation,  to  serve 
special  interests,  may  suggest. 

•'The  trouble  between  the  two  institutions  origi- 
nates from  the  rather  abnormal  fact  that  the  college 
got  into  operation  before  there  was  sufficient  univer- 
sity fund  to  organize  the  University  and  was  made  a 
branch  of  it  in  order  to  draw  upon  the  university 
fund  for  its  support.  But  is  it  right  to  allow  this  to 
continue  after  the  University  has  been  started,  and,  in- 
dependent of  the  question  of  other  rights,  needs  its 
fund  for  its  own  support  to  finish  its  own  building, 
while  the  college  has  its  buildings  completed,  and  a 
special  endowment  besides  for  its  maintenance?  Is 
there  no  limit  to  the  demands  of  the  Agricultural  and 
Mechanical  College?  And  must  the  legislature  meet 
these  demands  under  the  partisan  appeal  of  its  being 
'a  farmers'  college?'  Is  not  the  University  the  farm- 
ers' university  as  much  as  the  college  is  the  farmers' 
college?  And  what  is  more,  is  not  the  University  the 
heritage  of  the  whole  people,  including  of  course  the 
farmers  as  well  as  other  classes?  Because  a  farmer's 
son  may  be  taught  farming  as  a  specialty  at  the  college, 
is  the  University,  where  the  same  son  may  be  taught 
so  many  other  things  quite  as  useful  as  instruction  in 
farming,  any  less  a  heritage,  for  the  boasting  of  the 
farmer,  than  the  college? 

"Why  not  make  the  welkin  ring  with  as  loud 
*huzzahs'  and  'hurrahs'  for  the  'farmers'  university' 
as  for  the  'farmers'  college?" 

It  may  be  further  argued,  that  if,  under  the  consti- 
tution, general  revenue  cannot  be  used  for  buildings 
and  other  improvements  for  the  University,  but  can  be 
used  for  any  purpo.se  for  the  college,  and  thus  indi- 
rectly for  the  University,  as  the  college  is  a  branch  of 
the  University,  it  would  seem  but  common  justice, 
either  to  support  the  college  exclusively  from  general 
revenue  without  trenching  upon  the  university  fund, 
till  the  other  branches  of  the  institution,  as  the  college 
ibas  been,  have  been  established;  or  to  use  general  rev- 


72  THE  UNIVERSITY  OP  TEXAS. 

enue  instead  of  university  funds  for  their  establish- 
ment. It  should  not  be  ''justified  diversion,"  except 
under  the  most  extraordinary  emergencies,  to  take  the 
university  fund,  or  any  trust  fund  for  any  purpose,  for 
which  general  revenue  may  be  appropriated,  or  for 
other  than  the  objects  for  which  the  trusts  were  created ». 
The  University  fund  was  intended  to  establish  other 
branches  besides  the  college,  and  as  the  college  has  had 
its  benefits  from  the  fund,  it  should  take  its  turn,  and  wait 
for  the  establishment  of  the  other  branches,  so  that  all 
the  objects  for  which  the  university  trust  was  designed 
may  be  accomplished.  It  were  better  perhaps  to  dis- 
card mere  abstruse  technicalities  of  construction,  and 
let  the  college,  the  free  schools,  and  the  University,  all 
have  the  benefit  of  appropriations  from  general  reve- 
nue when  it  has  the  funds  to  afford  them.  Their 
special  endowments  should  not  be  a  perpetual  bar  to- 
any  aid  it  may  be  desirable  for  the  State  to  extend  to^ 
them  in  lands,  money  or  bonds.  One  generation  is  not 
expected  to  legislate  for  all  time  for  future  generations, 
and  even  organic  laws  have  to  be  changed  to  meet  new 
conditions. 

"the  all  around  outcome. 

"Some  weeks  ago,  the  Stv.tesman  charged  that  sa 
deal  had  been  made  between  the  Agricultural  and 
Mechanical  College,  and  the  advocates  of  the  medical 
branch  of  the  University.  This  deal,  or  bargain,  was. 
to  the  effect  that,  for  the  support  of  the  Agricultural 
and  Mechanical's  friends  in  getting  $50,000  to  estab- 
lish the  medical  branch  at  Galveston,  all  the  influence- 
Galveston  could  muster  would  be  thrown  in  the  breach 
to  get  as  much  money  as  possible  for  the  Agricultural 
and  Mechanical  College ;  to  make  the  university  fund 
contribute  more  than  its  share,  and  then  bleed  the  gen- 
eral revenue  for  $20,000  more  to  erect  other  buildings; 
for  the  Agricultural  and  Mechanical  College.  This> 
scheme  went  along  beautifully  till  it  came  to  the- 
senate,  when  it  was  incontinently  knocked  in  the  head.. 
But  in  the  free  conference  committee  of  the  two> 
bodies,  it  again  came  to  the  front.  In  that  committee^. 
Col.  Claiborne,  Galveston's  senator,  showed  his  hand. 


THE  UNIVERSITY  OP  TEXAS.  7a-. 

He  left  his  four  brother  senators  and  voted  every  time 
with  the  five  house  members,  cutting  out  every  amend- 
ment but  two,  that  the  senate  had  made  to  the  appro- 
priation bill,  even  sacrificing  the  appropriation  to 
furnish  the  new  capitol,  that  Claiborne  had  fathered  in 
the  senate,  and  that  had  been  added  to  the  bill  by  the 
senate.  In  this  action  Senator  Claiborne  could  have 
been  actuated  but  by  one  motive — the  success  of  his  pet 
scheme  of  having  the  medical  branch  of  the  Univer- 
sity at  once  established  at  Galveston. 

'  The  senate  had  changed  the  appropriation  of  $50,- 
000  and  given  it  with  the  accrued  interest  on  the  uni- 
versity's claim,  amounting  in  all  to  $88,000,  back  to 
the  university  fund  where  it  properly  belonged.  When 
this  item  was  reached  in  the  conference  committee, 
Senator  Armistead,  backed  by  four  of  his  brother 
senators,  Frank,  Glasscock,  Jarvis  and  Simkins,  took 
the  firm  stand  that  there  was  a  senate  connected  with 
the  Twentieth  legislature  and  positively  afiirmed,  de- 
spite the  threat  of  the  house,  to  adjourn,  without  making 
any  appropriations — that  the  senate  would  not  consent 
to  let  this  $50,000  go  to  the  medical  college,  unless  tha 
$38,000  interest  should  be  given  to  the  university  fund. 
This  being  agreed  to,  the  majority  so  reported  to  the 
house,  but  a  minority  report  cutting  out  both  of  these 
appropriations  was  also  handed  in  to  the  house, 
adopted  by  that  bod}^,  and  later  adopted  by  the  senate.. 
Senator  Claiborne,  and  Colonel  Gresham,  the  Galves- 
ton member  in  the  house,  played  too  sharp  a  game.. 
They  counted  upon  more  influence  than  they  could 
control.  The  A.  and  M.  College  people  had  landed 
their  fish  and  deserted  the  medical  fellows  at  the  last 
moment.  The  medical  branch  lost  its  $50,000,  and 
the  old  debt  due  by  the  State  to  the  University  is  still 
outstanding.  In  addition  to  this  defeat,  these  gentle- 
men have  the  mortifying  consciousness  of  knowing  they 
have  cut  down  really  meritorious  appropriations  and 
deprived  the  capitol  of  its  new  dress  for  two  years  to 
come."  * 


*  Alluding  to  items  in  the  general  appropriations  for  improving^ 
the  capitol  grounds  and  furnishing  the  new  State  house. 


74  THE  UNIVERSITY  O*'  TEXAS. 

RETROSPECT  AND  PROSPECTIVE. 

ISo  far,  the  retrospect  has  shown  remarkable  struggles 
on  the  part  of  the  advocates  of  higher  education  to  get 
the  University  into  operation ;  how  they  have  had  to 
combat  normal  as  well  as  abnormal  conditions  in  the 
development  of  the  country  in  order  to  overcome  popu- 
lar prejudices,  not  only  in  the  minds,  but  in  the  affec- 
tions of  the  people  for  the  free  schools  as  home  institu- 
tions, and  pets  of  the  politicians:  and  how  possibly, 
but  for  the  influx  and  influence  of  educated  men  with 
more  advanced  ideas  and  experience  as  to  the  benefits 
and  effects  of  university  education  in  the  older  States, 
the  hopes  of  the  founders  of  the  Texas  University,  with 
all  its  grandly  planned  endowment,  might  not  even  yet 
be  realized.  Much  has  been  accomplished  to  dispel 
the  mists  of  prejudice  and  open  a  bright  prospective, 
but  much  remains  to  be  done  to  keep  step  to  the  music 
of  educational  progress,  and  the  grand  march  of  this 
Empire  State  in  political  importance.  Still  as  it  is, 
and  has  been,  and  may  be,  there  is  glory  enough  in  the 
history  of  education  in  Texas  to  kindle  a  spirit  of 
pride  in  the  establishment  of  the  State  University,  and 
light  up  the  future  with  bright  anticipations  of  the 
time  when  all  prejudice  to  higher  education,  if  any 
yet  lingers  in  the  hearts  of  the  people,  will  be  removed 
and  every  true  Texan  will  feel  genuine  pride  in  claim- 
ing, "This  is  my  own.  my  Texas  University.'' 


THE  UNIVERSITY  OF  TEXAS.  75 


CHAPTER  II. 

THE  UNIVERSITY'S  RESOURCEvS. 

thp:  university  endowment. 

For  a  long  time  there  seemed  to  be  an  impression 
in  the  minds  of  some  members  of  t!ie  legislature  that 
the  second  million,  making  something  over  2,000,000 
acres  of  land  altogether,  including  the  fifty  leagues, 
donated  to  the  University,  was  intended  at  the  time  of 
the  grant  ot  the  last  million  acres,  as  a  satisfaction  of 
all  claims  by  the  University  against  the  State,  and  con- 
sec^uently  they  were  unwilling  to  admit  that  the  legis- 
lature was  under  any  obligations  to  return  the  money, 
which  had  been  diverted  from  the  university  fund  for 
the  State's  general  revenue  purposes.  Mr.  Steele  and 
some  other  members  of  the  Twentieth  legislature, 
who  opposed  the  University  having  an}^  further 
favors  from  the  State,  made  this  point,  claiming  that 
such  had  been  the  understanding  with  friends  of 
the  University,  either  in  the  house  or  the  senate  com- 
mittee on  lands,  or  education  They  were  never 
able,  however,  after  the  most  diligent  rummaging, 
to  lind  anything  in  the  records  to  substantiate  such 
statement,  but,  as  already  stated  and  referred  to 
further  along,  they  did  succeed  in  having  such  a 
declaration  incorporated,  for  all  it  is  worth  (?)  in 
conncv'^tion  with  an  appropriation  for  the  University, 
by  declaring  the  amount  allowed  to  be  "a  loan.,  in  full 
payment  and  satisfaction  of  all  claims  of  the  Univer- 
sity of  Texas  against  the  State  of  Texas."  The  fact  as 
to  this  last  million  acres  donation,  as  the  history  of  the 
institution  shows,  is,  that  the  University  had  never  re- 
ceived the  full  benefit  of  the  State's  several  university 
provisions,  and  that  the  State's  subsequent  donations 
have  been  onl}^  so  many  restitutions  in  land  and  money, 
so  far  as  they  went,  but  falling  vastly  short  even  yet  of 
what  rightfull}^  belongs  to  the  University,  under  the 
original   provisions,  made    for    its    endowment.     That 


76  THE   UNIVERSITY  OF  TEXAS. 

donation  did  not,  by  over  one-half,  make  good  the  do- 
main of  which  the  University  had  been  deprived  by 
the  State,  for,  as  ma}^  be  seen  by  reference  to  the  origi- 
nal grant,  and  to  subsequent  legislation,  and  as  the 
facts  and  figures  demonstrate,  the  University  had  been 
deprived  of  over  one  million  two  hundred  thousand 
(1,200,000)  acres.  All  this  had  been  done  while  the 
institution,  for  all  legal  purposes,  was  but  an  infaut, 
unable  to  protest  against  acts  that  violated  not  only  the 
spirit  of  the  first  constitution,  but  the  intent  of  other 
acts,  and  especially  against  spoliation  of  its  rights  by 
the  constitution  of  1876,  as  that  constitution  impaired 
the  act  of  1858,  which  had  given  the  University  one 
hundred  thousand  dollars  ($100,000)  of  United  States 
bonds,  then  in  the  State  treasury,  confirmed  to  it  the 
grant  of  fifty  leagues  of  land,  donated  by  act  of  1839,. 
and  set  aside  every  tenth  section  that  might  thereafter 
be  surveyed  for  school  purposes,  under  grants  to  rail- 
road companies  (Act  of  January  30,  1854).  There 
were  no  laches  on  the  part  of  the  University  all  this 
time,  because  it  had  not  been  established,  so  as  to  be  in 
condition  to  assert  its  claims  before  the  legislature,  or- 
other  tribunals,  and  was  like  a  minor,  without  parent 
or  guardian,  save  as  the  State  chose  to  pay  any  atten- 
tion to  its  interests,  and  such  attention  as  it  did  take, 
being  too  often  unfriendly  to  the  institution,  or  preju- 
diced by  political  influences.  The  University  then 
being  in  its  infancy,  and  too  weak  to  have  its  claims 
presented,  much  less  enforced,  and  having  really  no 
advocate  to  plead  its  cause  against  the  imperious  will 
of  the  legislature,  the  State  used  its  funds,  and  diverted 
its  lands  at  pleasure,  without  protest  in  the  University's 
behalf  from  any  quarter.  And  now,  even  at  this  late 
day,  all  that  is  asked  is,  that  the  State  in  a  spirit  of 
justice  and  in  the  amplitude  of  its  power,  with 
abundant  landed  and  financial  resources,  make  reason- 
able restitution. 

Alluding  to  these  facts  in  the  history  of  the  Uni- 
versity, Judge  Terrell,  in  his  speech  in  the  State  senate, 
April  19,  1882,  on  the  bill  then  pending  to  set  aside^ 
two  million  acres  of  land  for  the  University,  said : 
"Had  that  law  (Act  of  1858)  not  been  disturbed   by 


THE  UNIVERSITY  OF  TEXAS.  7? 

the  constitution  of  1876,  the  University  would  now 
(1882)  own  three  million  two  hundred  thousand 
(3,200,000)  acres  of  land,  instead  of  having  to  apply 
to  the  legislature  for  a  donation  which,  in  effect,  would 
be  but  so  much  restitution  of  its  original  endowment. 
At  the  very  time  when  the  effort  was  made  to  despoil 
it  of  its  endowment  by  a  clause  in  the  constitution  of 
1876  (the  effect  of  which  those  who  made  that  instru- 
ment could  not  foresee),  there  was  then  due  to  the 
University  one  million  seven  hundred  thousand 
(1,700,000)  acres  of  land.  But  by  the  constitution  of 
1876,  all  the  alternate  sections,  reserved  by  the  State 
out  of  grants  to  the  railroads,  including  every  tenth 
section  given  to  the  University,  were  appropriated  for 
public  free  schools,  and  one  million  acres  onl}^  were 
given  for  the  endowment  of  the  University." 

Thus  it  will  be  seen  that  the  constitution  of  1876 
in  effect  deprived,  the  University  of  seven  hundred 
thousand  (700,000)  acres,  which  it  then  ow^ned  under 
•existing  laws  and  deprived  it  also  of  every  tenth  sec- 
tion surveyed  since,  amounting  to  one  million  five 
hundred  thousand  (1,500,000)  acres  more,  subject  to 
further  increase  as  the  extended  surveys  would  pro- 
duce. Another  instance  of  what  Mr.  Prendergast 
would  call  "justified  diversion.'' 

So  much  for  the  spoliation  to  which  the  land  en- 
dowment of  the  University  had  been  subjected  by  the 
constitution  of  1876,  the  spoliation  aggregating  as 
shown  over  two  million  two  hundred  thousand  (2,200,- 
000)  acres,  till  reduced  by  the  last  million  acres  dona- 
tion by  the  Eighteenth  legislature.  This  action  of  the 
constitution  of  1876,  was  clearly  in  violation  of  that 
provision  of  the  federal  compact  which  declares  that 
**no  State  shall  deprive  any  person  of  property  without 
due  process  of  law,"  for  the  University  was  now  a  legal 
entity,  or  juridical  person,  so  far  as  having  rights  to  be 
protected,  and  could  not,  more  justly  than  any  other 
personalty  or  individual,  be  deprived  of  its  rights,  and 
heritage  from  its  founders,  the  fathers  of  Texas, 
either  by  State  constitution  or  legislative  enactment. 
An  enactment  diverting  its  fund,  being  an  act  of  the 
legislature,  is  a  "process  of  law^"  it  is  true,  but  it  is  un- 


78  THE  UNIVERSITY  OF  TEXAS. 

just,  t}ranical  and  violative  of  the  aims  of  the  federal 
constitution  to  protect  vested  rights  of  property.  How- 
ever justified  the  J^tate  may  be  in  using  the  most  sacred 
funds  in  its  keeping  in  case  of  such  emergencies  as  war 
or  famine,  it  is  not  justified  in  refusing  to  make  restitu- 
tion when  able.  Even  under  the  common  law,  a  father 
cannot  take  back  or  impair  a  donation  to  his  child.. 
Yet,  here  was  the  State,  a  parent  as  it  were,  depriving 
its  own  political  offspring,  the  University,  of  a  vast  do- 
main, without  protest  being  made,  or  any  sort  of  legal 
action  being  taken  for  its  protection,  So  much  for  the 
University's  need  of  an  amicus  curise  to  guard  its  in- 
terests. Had  it  been  then  organized,  so  as  to  have  had 
some  vital  head  to  act  in  its  behalf,  or  had  some  bold 
friend  stepped  forward,  as  in  the  "Dartmouth  College 
cases,"  with  money  to  raise  an  issu^  in  the  courts,  who 
knows  but  that  the  University  of  Texas  would  have  be- 
come as  celebrated  in  litigation  as  Dartmouth  College?*^ 

TF.XAS    UNIVERSITY    LANDS. 

The  following  extract  from  an  Austin  correspond- 
ent's communication  to  the  St.  Louis  Globe-Democrat^ 
pretty  fairly  condenses  the  facts  as  to  the  University 
lands  at  that  time : 

"Austin,  Tex.,  Nov.  18,  1887. — The  bad  manage- 
ment of  the  State's  endowment  of  two  million  acres  of 
land  to  the  State  University,  is  a  striking  demonstra- 
tion of  the  folly  of  a  State  controlling  the  resources  of 
such  institutions,  instead  of  entrusting  them  to  the 
direction  of  the  University  authorities.  The  State  has 
persistently  refused  to  grant  the  University  regents  any 
control  of  these  lands,  and  as  a  result  of  their  being 
still  no  special  concern  to  the  State,  they  have  been  for 
many  years  a  prey  to  'free  pasturage'  for  the  herds  of 
the  cattle  barons.  Not  until  lately  have  the  State 
agents,  appointed  by  the  land  board,  began  to  look 
after  them,  and  bring  the  trespassers  to  account.  In 
fact,  under  the  State's  peculiar  land  policy,  there  seems 


*  It  is  the  opinion  of  Capt.  Walsh,  late  State  land  commissioner, 
that  this  diversion  of  University  lands  to  the  school  fund  might  have 
been  averted  if  the  people  of  Austin  had  been  alert  and  conscious,  or 
even  suspicious  of  the  danger  of  such  diversion  being  made  to  the 
prejudice  of  the  University. 


THE  UNIVERSITY  OF  TEXAS.  7- 

to  be  no  way  to  prevent  free  grazing  on  the  lands,  as 
long  as  the  parties  using  them  do  not  inclose  them  to 
the  exclusion  of  actual  settlers  who  may  elect  to  pur- 
chase some  of  the  lands,  and  very  few  lease  them,  or 
care  to  do  so,  as  long  as  they  can  be  used  gratis.  This 
is  certainly  a  strange  anomaly  in  the  law,  going  far  to 
show^that  the  University  lands,  at  least,  should  be  taken 
out  of  the  control  of  vState  legislation,  which  constantly 
does  the  University  the  injustice  of  subjecting  its  lands 
to  arbitrary  regulations  which  cannot  apply  to  them 
with  the  same  fairness  as  to  school  lands,  which  were 
selected  for  their  superior  location  and  water  advan- 
tages, before  the  University  lands  were  designated. 

"The  folly  of  State  control  of  such  interests  was 
further  strongly  demonstrated  by  the  fatuous  action  of 
the  State  land  board,  which  refused  to  allow  the  re- 
gents, to  lease  six  hundred  thousand  (000,000)  acres  of 
the  University  lands  at  five  cents  an  acre,  because  the 
board  had  et-tablished  six  cents  as  the  minimum  for  all 
State  lands,  and  would  not  relax  the  rule,  even  in  so 
important  an  interest  as  that  of  the  University's  neces- 
sities, and  this,  although  the  University  lands  were 
really  a  separate  interest  and  too  small  a  matter,  com- 
pared to  the  immense  domain  of  the  free  schools,  to 
affect  competition  for  the  school  lands.  Consequently 
the  University  was  denied  thirty  thousand  dollars 
annual  rental  for  its  lands,  without  any  possible  benefit 
resulting  to  the  school  fund.  The  land  boards  illogi- 
cal, if  not  prejudiced  determination,  however,  seems  to 
have  been  in  harmony  with,  and  to  that  extent  justi- 
fied, despite  its  cruelty  to  the  University,  by  the  harsh 
policy  of  the  legislature  to  do  nothing  for  the  Univer- 
sity lands,  unless  it  somehow  benefits  the  school  lands; 
and  as  a  consequence,  land  donations  to  the  University, 
stand  little  chance  of  success,  unless  the  bills,  propos- 
ing such  grants,  make  like  provision  for  the  common 
schools.  Thus  the  University  suffers,  not  only  by  the 
State's  cruel  indifference  to  its  interests,  but  on  account 
of  general  partiality  for  the  free  schools,  so  that  it 
seems  impossible  for  it  to  be  treated  fairly  in  competi- 
tion with  the  schools,  as  pets  of  the  people,  and  the 
great  hobby  of  Texas  politicians." 


80  THE  UNIVERSITY  OF  TEXAS. 

The  same  correspondent  adds : 
"And  not  only  this,  but  the  State  has  paid  no  at- 
tention to  collecting,  over  fifty  thousand  dollars,  ($50,- 
000),  due  the  University  for  arrears  on  land  notes'  in- 
terest, and  has  used  large  amounts  of  the  University's 
land  fund,  without  manifesting  any  disposition  to  re- 
turn the  money,  which  was  held  by  the  State  in  trust 
for  the  University.  As  a  result,  too,  of  uncertain  grants 
and  bad  locations  of  University  lands  by  State  authori- 
ties, some  of  the  locations  of  the  University's  two  mil- 
lion acres,  embraced  barren  sand  flats,  for  which  the 
State  is  now  asked  to  substitute  good  lands,  such  as  the 
act  of  donation  contemplated.  To  this  end,  some  fine 
locations,  in  what  is  known  as  the  '  San  Elizario '  grant 
on  the  Rio  Grande  and  others  in  the  'Pacific  Reserva- 
tion '  have  been  designated  for  substitution  by  Land 
Commissioner  Walsh. ^  It  transpires  however,  that  the 
title  to  the  San  Elizario  lands  is  disputed.  The  Uni- 
versity also  claims  nine  and  four-tenth  sections  of  what 
are  known  as  '  Navigation  Lands,'  on  the  ground  that 
the  University  act  of  February  11,  1858,  did  not  annul 
the  provisions  affecting  the  University,  in  the  act  of 
February  11,  1854. 

"In  their  report  of  January  8,  1883,  to  Governor 
Roberts,  the  regents  speak  of  an  offer  in  cash  of  one 
million  three  hundred  and  fifty  thousand  dollars,  ($1,- 
350,000),  for  the  first  million  acres  of  land  donated  to 
the  University.  They  had  no  authority,  however,  to 
accept  the  proposition,  and  the  land  board,  it  seems, 
would  not  or  did  not  make  any  concessions  in  the 
matter. 

"The  branch  for  the  instruction  of  the  colored 
youths  of  the  State,  is  included  in  the  endowment  by 
act  of  April  10,  1883  of  one  million  acres  of  land  to 
the  University.  For  the  want  of  available  means, 
however,  nothing  has  yet  been  done  towards  the  estab- 
lishment of  this  branch,  but  in  the  meantime,  the 
State  has  been  fairly  liberal  instead,  in  making  appro- 
priations for  the  support  of  tho  Prairie  View  Normal 
School,  for  training  colored  teachers,  which  is  located 
at  Hempstead." 


THE  UNIVERSITY  OF  TEXAS.  81 

THE    TW0    GRANTS    OF    ONE    MILLION    ACRES    EACH. 

The  first  million  acres  of  land  granted  to  the  Uni- 
versity by  the  Constitution  of  1876,  was,  by  act  of  1879, 
located  in  sections  of  640  acres  in  Crockett,  Pecos  and 
fom  Green  counties,  where  they  are  surveyed  in  large 
bodies  and  are  mainly  prairie  lands  more  suitable  for 
pasturage  than  agriculture. 

"Of  the  second  million  acres  granted  by  the  act  of 
tlie  legislature,  approved  April  20,  1883,  there  have  been 
no  lands  either  sold  or  leased.  All  of  this  land  is 
therefore  in  the  same  condition  as  the  bulk  of  the 
land  in  the  first  million  acres.  That  is  to  say,  it  is  not 
bringing  any  income  to  the  University,  and  at  the  same 
time,  is  used  by  any  and  every  body,  without  license 
and  without  title.  After  the  survey  of  this  million 
acres,  and  its  location  in  Tom  Green,  Andrews  and 
Martin  counties,  it  was  discovered  that  a  large  part  of 
it  was  and  is  almost  if  not  entirely  a  desert.  Upon 
bringing  this  fact  to  the  knowledge  of  Land  Commis- 
sioner Walsh,  he  made  an  exchange  of  this  land  for 
other  lands  in  El  Paso  county,  as  stated  in  the  follow- 
ing extract  from  his  report  to  His  Excellency,  the  Gov- 
ernor of  the  State :  '  University  lands  amounting  to 
one  million  acres,  were  surveyed  under  authority  of 
the  act  of  April  10,  1883,  upon  what  was  then  sup- 
posed to  be  the  best  of  the  vacant  land  reserved  by 
former  acts.  Subsequently  in  the  adjustment  of  the 
Texas  and  Pacific  eighty  mile  reserve  and  correction 
of  surveys,  good  pasture  lands  were  discovered  in  El 
Paso  county,  superior  in  every  respect  to  much  of  the 
first  selection.  On  learning  these  facts,  I  consulted 
with  the  Regents,  and  through  them,  arranged  for  the 
survey  of  sufficient  of  this  land  to  replace  what  was 
found  of  the  original  survey  to  be  sandy  and  in  con- 
fiict.  This  work  has  now  been  completed,  and  maps 
and  field  notes  of  the  blocks  returned  and  filed  in  this 
office.  It  might  be  well  for  the  legislature  to  confirm 
this  exchange  and  restore  the  rejected  portion  of  the 
first  survey  to  the  reserve.  All  the  land  of  both  sur- 
veys is  included  in  the  reserve  not  subject  to  location, 

6-L 


S->  THE  UNIVERSITY  OF  TEXAS. 

and  therefore  the  suggested  legislation  would  only  be  a 
selection.'" 

"This  land  of  the  second  survey  is  all  in  El  Paso 
county,  and  lies  in  two  bodies.  One  body  contains 
4^8,539  acres,  and  lies  in  the  northwestern  part  of  the 
county.  The  other  body  of  land  lies  from  twenty-five 
to  thirty-one  miles  southeast  of  the  city  of  El  Paso, 
and  on  both  sides  of  the  Rio  Grande."  (Regents  report 
to  Governor  Ireland.) 

This  selection  stands,  as  the  legislature  seems  to 
have  deemed  the  action  of  the  land  commissioner  suffi- 
cient without  any  action  on  its  part;  at  least  it  made  no 
obiection  to  the  substitution.  There  is  an  adverse 
claim,  as  a  grant  to  the  Pueblo  of  San  Elizario,  to  some 
of  the  land  alluded  to,  as  being  'southeast  of  El  Paso.' 
on  the  Rio  Grande,  and  specifically  referred  to  in  the 
report  to  the  regents  by  the  University's  land  agent, 
Mr.  Williams.  Under  the  facts  therein  presented,  the 
regents  feel  assured  that  the  State  is  clearly  entitled  to 
the  land,  for  the  benefit  of  the  University. 

The  regents  have  to  regret  that  the  State  has  not 
brought  suit  for  these  lands,  if  for  no  other  reason  than 
to  preserve  testimony  likely  to  be  impaired  by  the 
death  of  witnesses. 

THE   state's    land    MANAGEMENT. 

Every  attempt  in  the  legislature  failed,  which 
looked  to  turning  over  the  control  of  the  University 
lands  to  the  regents,  and  constituting  the  regents  a 
corporate  body  for  their  management.  Governor  Ross, 
like  Governor  Ireland,  did  not  favor  such  a  proposi- 
tion, though  admitting,  in  his  message  to  the  Twenty- 
First  legislature,  that  "the  history  of  similar  interests 
in  other  States  showed  that  it  had  proven  wise  and 
iudicious  in  those  States."  In  Texas,  however,  he  ob- 
jected, that  it  would  necessitate  "a  kind  of  branch  land 
office,  requiring  agents  for  the  work,  as  the  regents 
could  not  attend  personally,  on  account  of  their  private 
business,  to  the  management  of  such  large  landed  in- 
terests. " 

In  answer  to  Governor  Ross'  objections,  it  may  be 
cited  that  the  regents  of  the  University  of  New  York 


THE  UNIVERSITY  OF  TEXAS.  83 

control  resources  of  the  university  and  connecting  in- 
stitutions, amounting  to  twenty  three  million  dollars 
($23,000,000)  in  value;  and  that  States  having  univer- 
sities witli  landed  endowments  have  all,  with  the  ex- 
ception of  Texas,  turned  over  these  lands  to  their 
university  authorities,  and  that  the  University  of  Cali- 
fornia is  realizing  four  times  as  much  from  its  lands 
under  the  management  of  its  regents  as  it  did  when 
thev  were  controlled  by  the  State.  (See  register  of 
California  University  1879-80.) 

Hon.  R.  M.  Hall,  the  State  land  commissioner,  in 
his  i-eport  to  Governor  Ross,  after  citing  the  facts,  as  to 
the  difficulty  of  leasing  the  University  lands,  recom- 
mended that  the  regents  be  entrusted  with  the  work, 
and  made  other  importjint  recommendations  as  follows: 

"Of  the  two  million  acres  belonging  to  the  Uni- 
versity fund,  only  77,437  acres  are  leased,  being  a  little 
more  than  oncvthirtieth  of  the  whole,  while  of  the 
school  lands,  more  than  one-fifth  are  under  lease. 

*'It  is  desired  to  call  special  attention  to  this,  inas- 
much as  it  is  evident  that  without  some  modification 
of  the  terms  of  the  lease  of  the  University  lands,  very 
little  revenue  will  be  derived  therefrom.  Extraordi- 
nary exertions  have  been  made  to  effect  the  lease  of 
these  lands  under  the  present  law,  but  up  to  this  time 
the  results  are  far  from  satisfactory.  The  amount  of 
school  lands  leased,  compared  to  that  of  University 
lands,  presents  a  contrast  which  will  not  be  understood 
by  the  public  without  some  explanation.  It  is  per- 
fectly plain,  however,  when  the  circumstances  are  given, 
that  these  results  were  inevitable. 

"The  school  lands  alternating  with  other  lands 
were  leased  largely  by  the  owners  of  these  alternates. 
When  the  present  law  took  effect,  the  school  lands,  to 
a  great  extent,  were  occupied  by  established  ranches, 
whose  owners  leased  promptly.  Most  of  these  lands 
were  also  in  reach  of  population  and  sufficiently  wat- 
ered for  immediate  and  profitable  use  for  stock  raising. 
With  the  University  lands,  the  conditions  are  totally 
different.  They  are  located  in  large  bodies  and  in  solid 
blocks,  so  that  that  the  lessee  is  compelled  to  pay  for 
the  whole  area  appropriated  to  his  use,  instead  of  the 


84  THE   QNIVERSITY  OF  TEXAS. 

half  as  in  the  case  with  school  lands.  The  University 
lands  are  without  permanent  water,  and  for  the  most 
part  too  distant  from  water  to  be  utilized.  They  are^ 
also  remote  fi'om  population.  Thus  the  school  lands 
offering  superior  inducements  and  atti-actions  and  being 
more  than  sufficient  to  supply  all  immediate  demands 
to  lease,  it  is  readily  perceived  that  under  the  present 
conditions,  other  results  could  not  reasonably  have 
been  expected. 

"At  present,  there  seems  to  be  no  demand  for  the 
purchase  of  University  lands.  Therefore,  in  order  to 
utilize  them  for  the  purpose  for  which  they  have  been 
segregated,  it  is  necessary  to  adopt  one  of  two  plans^ 
viz:  Either  the  rental  must  be  reduced  and  the  term 
of  lease  extended  sufficiently  to  induce  private  parties 
to  develop  \\ater  and  otherwise  put  these  lands  in  ^hape- 
for  use,  or  else  the  State  must  provide  the  water  neces- 
sary to  make  them  profitable  and  available  at  the  pric& 
now  fixed  by  law.  The  latter  plan  is  not  desirable^ 
even  if  feasible  at  all  with  safety  to  the  IState;  hence  it 
is  with  confidence  that  the  recommendation  is  made^ 
that  the  rental  of  the  University  lands  be  reduced  to  3 
cents  per  acre  per  annum,  and  the  maximum  teim  of 
the  lease  extended  to  ten  years.  Another  solution  still 
is  to  place  these  lands  in  the  care  of  the  University 
authorities.  The  regents  of  the  University  are  gen- 
tlemen in  whose  hands  the  interest  of  that  institution 
would  doubtless  be  entirely  safe.  A  careful  considera- 
tion of  this  matter  may  suggest  the  wisdom  of  placing 
the  Universit}'  lands  under  such  control,  by  the  issu- 
ance of  natents  to  the  regents  and  their  successors  in 
office.  If  this  is  done,  however,  the  rights  of  actual 
settlers  who  have  settled  upon  and  improved  any  of 
these  lands  with  a  view  of  availing  themselves  of  the 
provisions  of  existing  laws,  should  be  provided  for 
most  amply.  Certain  of  these  lands  have  been  occu- 
pied for  years  by  settlers  who  are  awaiting  the  deter- 
miniation  of  question  of  title.  Such  settlers  should  be 
allowed  to  purchase  upon  such  terms  as,  reasonably, 
they  had  a  right  to  expect  at  the  date  of  their  settle- 
ment. 


THE  UNIVERSITY  OF  TEXAS.  g'^ 

"It  is  clearly  against  good  public  policy,  that  any- 
one should  be  allowed  to  appropriate  to  his  own  ex- 
tjluh^ive  use  lands  belonging  to  the  IState  without  paying 
for  the  same.  One  object  of  the  lease  law  is  to  pre- 
vent this.  But  it  is  proper,  perhaps,  to  admit  that  the 
chief  object  of  the  lease  of  the  public  lands  is  revenue. 
It  is  witliin  the  province  of  statesmanship  to  inquire 
into  the  workings  and  effect  of  the  law  up  to  this  time, 
"with  a  view  of  safely  determining  whether  or  not  the 
interests  of  the  whole  people  and  the  prosperity  of  the 
Htate  may  be  advanced  by  some  modification  of  the 
same.  From  experience  as  stated  above,  it  is  demon- 
strated that  a  reduction  of  price  and  extension  of  term 
is  necessary  to  secure  the  lease  of  University  lands." 

In  their  report  of  IS.'SO,  the  regents  say:  "In  ad- 
dition to  the  fifty  leagues  of  land  granted  in  1839  by 
the  Republic  of  Texas,  the  State  reserved  for  the  bene- 
fit of  the  University,  every  tenth  section  of  land  gran- 
ted or  that  migiit  be  granted  to  railroad  companies  or 
to  the  Galveston  and  Brazos  Navigation  company.  It 
is  estimated  that  this  grant,  had  it  not  been  impaired  by 
-the  action  of  the  convention  of  1875,  would  have 
reached  the  magnificient  proportions  of  one  million 
six  hundred  thousand  acres,  situated  in  the  most 
thickly  settled  part  of  the  State,  and  worth  perhaps  on 
an  average  $o  per  acre.  It  can  easily  be  seen  that 
the  land  given  subsequently,  in  lieu  of  this  appropria- 
tion, is  in  no  sense  an  equivalent.  Had  these  tenth 
sections  of  railroad  land  remained  as  appropriated,  the 
University  would  now  be  in  no  necessity,  and  so  far  as 
material  resources  are  concerned,  it  would  be  perhaps, 
the  most  completely  equipped  public  institution  on  the 
continent." 

Unfortunately  for  the  University,  the  million 
^cres  given  by  the  State,  in  lieu  of  the  fenth  sections, 
were  not  near  so  valuable  and  fell  vastly  short  in  quan- 
tity as  well  as  quality  of  the  grant  for  which  they 
were  substituted  to  the  University. 

OLD    INDEBTEDNESS    TO    THE    UNIVERSITY. 

One  of  the  most  comprehensive  and  at  the  same 
time  justly  liberal  propositions  presented  in   the  inter- 


86  THE  UNIVERSITY  OF  TEXAS. 

est  of  the  University,  and  its  branches,  was  an  act  pro- 
posed by  Representative  McGaughey  of  Hood,  since 
nominated  on  the  Democratic  ticket  for  State  Land 
Commissioner,  "An  Act  to  pay  the  old  indebtedness  of 
the  State  to  the  University,  and  to  give  the  regents 
control  of  the  University  lands;  to  better  establish  the 
relations  between  the  University  and  its  branches,  by 
placing  them  all  under  a  new  board  of  management, 
and  giving  them  each  additional  and  separate  land  en- 
dowments out  of  the  Pacific  railway  reservation  as  a 
compromise;  and  making  provisions  for  acceptance  of 
donations  from  Galveston  and  the  executor  of  the 
Sealy  estate  for  the  early  establishment  of  the  medical 
department  of  the  University  at  Galveston."  One  ob- 
ject of  this  bill  was  to  increase  the  land  endowment  of 
the  A.  and  M.  College  to  an  extent  that  would  be  satis- 
factory to  the  friends  of  the  college,  as  an  independent 
endowment  of  its  own,  to  be  accepted  in  lieu  of  any 
future  appropriations  to  the  college  from  the  funds  of 
the  University.  The  bill,  however,  was  never  reported 
back  to  the  house. 

Another  bill  by  Senator  Glasscock  and  one  by  Rep- 
resentative Gresham,  both  giving  the  regents  of  the 
University  control  of  its  branches  and  of  its  lands,  and 
other  like  measures  were  also  pigeon-holed,  adversely 
n^ported,  or  otherwise  defeated.  The  legislature  would, 
not  even  entertain  such  measures;  nor  would  it  coun- 
tenance a  very  fair  proposition  of  Representative 
Hudgins,  of  Bowie,  which  Representative  Moore,  of 
Travis,  among  others,  most  earnestly  advocated,  to  pay 
the  University  some  $212,000  (including  interest)  in 
place  of  University  funds  used  by  the  State.  As  fur- 
ther evidence  also  of  the  strange  jealousy  in  the  minds 
of  some  members  as  to  free  schools  and  the  University, 
the  proposition  of  Mr.  McGaughey  was  promptly  fol- 
lowed by  a  bill  introduced  by  Mr.  Curry,  of  Van 
Zandt,  which  would  virtually  have  appropriated  about 
all  the  reserved  public  domain  tp  the  free  school  fund 
and  would  have  defeated  tJie  University  bill,  whether  so 
intended  or  not,  and  would  have  excluded  all  other 
institutions,  except  the  free  schools,  from  further  land 
bounties  by  the  State,  and  have  left  them  no  recourse 


THE  UNIVERSITY  OF  TEXAS.  87 

for  future  tState  aid  except  from  the  State's  general  rev- 
enues As  if  in  some  measure  to  meet  this  proposition, 
Mr.  McGaughey  introduced  another  bill,  House  bill  593, 
"To  perfect  the  organization  of  the  University  of 
Texas  and  its  branches;  to  give  the  regents  control  of 
its  lands;  to  appropriate  the  states  'scrap  lands,'  in  the 
organized  counties,  to  the  common  schools;  and  to  settle 
all  conflicting  interests."  This  was  reported  favorably 
from  the  committee,  but  was  not  reached  on  the  calen- 
dar for  consideration.  As  this  gentlemen  will  doubt- 
less be  elected  State  land  commissioner,  his  legislative 
experience  and  official  position,  coupled  with  his  regard 
for  the  institution,  will,  it  is  hoped,  enable  him  to  be  of 
effective  service  to  the  University  in  the  management 
of  its  land  affairs,  and  utilization  of  its  landed  resour- 
ces. 

As  to  Mr.  Curry,  since  that  gentleman  said  noth- 
ing to  specially  indicate  his  feelings  in  the  matter, 
the  writer  does  not  wish  to  be  understood  as  assuming, 
that  on  account  of  his  attachment  for  the  free  schools, 
he  was  necessarily  unfriendly  to  the  University. 

ACTION     OF    THE    TWENTIETH    LEGISLATURE. 

Just  here  it  is  interesting  to  note  the  several  meas- 
ures, directly  or  indirectly  affecting  the  interests  of  the 
University,  as  they  were  introduced  in  the  Twentieth 
legislature. 

In  his  message  to  that  legislature,  in  regular  ses- 
sion (1887),  Governor  Ireland  made  the  following  sug- 
gestions as  to  the  University  : 

"  i'his  institution  is  in  its  infancy,  but  on  a  perma- 
nent basis.  The  faculty  is  an  excellent  one,  and  we 
look  forward  to  the  near  approach  of  the  time  when 
our  people  will  educate  their  children  at  home,  and  the 
children  of  Texas  will  crowd  the  walls  of  the  Univer- 
sity of  Texas.  1  trust  that  a  way  will  be  found  of  enab- 
ling the  regents  to  speedily  complete  the  building,  and 
to  put  into  operation  the  medical  department.  In  this 
connection,  I  call  the  attention  of  the  legislature  to  the 
claim  against  the  State  for  money  used  at  the  Prairie 
View  Normal  School  in  1881-82,  amounting  to  $22,- 
495.75.     This  amount  should  be  refunded  to  the  Uni- 


88  THE  UNIVERSITY  OF  TEXA8. 

versity.  I  invite  attention  to  the  report  of  the  board  of 
regents,  a  copy  of  which  I  herewith  transmit." 

Governor  Ross,  in  his  inaugural  address  as  suc- 
cessor of  Governor  Ireland,  did  not  allude  to  the  Uni- 
versity, or  other  State  institutions,  treating  mainly  of 
general  affairs  of  State  policy. 

Bills,  however,  relating  to  the  University,  were  in- 
troduced in  the  senate  as  follows: 

By  Senator  Frank,  Senate  bill  14.3:  "An  act  to 
turn  over  to  the  regents  of  the  State  Universit}^  the 
University  lands."  Referred  to  judiciary  committee, 
and  then  to  the  committee  on  education,  which  recom- 
mended its  passage. 

Subsequently  the  committee  reported  Substitute 
Senate  bill  No.  148:  A  bill  to  be  entitled  "An  act  to 
provide  for  the  exclusive  management  and  control  of 
the  land  of  the  University  of  Texas,  by  the  Board  of 
Regents,  with  the  power  to  sell  or  lease  the  same,  and 
to  institute  the  necessary  suits  concerning  said  lands," 
and  the  bill  was  taken  up  as  the  second  special  ordeiv 

On  motion  of  Senator  Glasscock,  the  bill  was  con- 
sidered section  by  section. 

Senator  Field  offered  the  following  amendment  to 
section  1:  Amend  by  inserting  after  the  word  "univer- 
sity," in  line  six  page  one,  the  following:  "and  its  sev- 
eral branches." 

Senator  Houston  spoke  in  opposition  to  the  amend- 
ment and  the  bill. 

Senator  Simkins  spoke  in  favor  of  the  amend- 
ment and  the  bill. 

Senator  Field  spoke  in  favor  of  the  amendment, 
and  it  was  adopted  by  the  following  vote: 

Abercrombie,  Allen,  Bell.  Burney,  Calhoun, Camp, 
Field.  Frank,  Glasscock,  Harrison,  Knittel,  Lane,  Mc 
Donald,  MacManus,  Pope,  Simkins,  Terrell,  \^'^oodward- 
— Yeas,  18. 

Burges,  Claiborne,  Houston,  Jarvis,  Woods. — 
Nays,  5. 

Douglass  of  Jeflferson,  Gregg,  Upshaw. — Absent,  8. 

The  bill,  with  some  minor  amendments  was  en- 
grossed and  passed. 

The  committee  on   education    reported  favorably 


THE  UNIVERSITY  OF  TEXAS.  89 

''All  act  to  confirm  the  exchange  of  lands  made  by  the 
land  commissioner  of  Texas  for  the  University  of 
Texas,  and  to  restore  the  rejected  l)locksof  land  to  the 
reserved  public  domain." 

The  bill  was  tabled  in  the  house  on  motion  of  Mr. 
Prendergast  ol'  McLennan.  . 

Senator  Glasscock  introduced  Senate  bill  320 :  "To 
•define  the  University  of  Texas  and  its  branches,  and  to 
perfect  its  organization,  and  to  give  the  regents  of  the 
said  University,  the  control  of  its  branches,  and  of  its 
lands." 

The  bill  was  not  reported  from  the  committee. 

Secretary  l^ambert,  of  the  house,  reported  April  2, 
1887,  to  the  senate,  that  "the  house  killed"  sundry 
bills  named,  among  them  Senate  bill  143,  ''An  act  to 
provide  for  the  exclusive  management  and  control  of 
the  lands  of  the  University  of  Texas,  by  the  board  of 
regents,  with  the  power  to  sell  or  lease  the  same,  and  to 
institute  the  necessary  suits  concerning  said  lands." 

The  following  message  was  received  from  the 
house  : 

House  of   Representatives,      ) 
AII^TI^•,  April  4,  1887.    f 
■Hon.  T.  B.  Wheeler,  President  of  the  Senate, 

Sir — I  am  instructed  by  the  House  to  inform  the 
the  Senate  that  the  House  has  adopted  the  repoit  c»f 
the  minority  of  the  free  conference  committee  on 
Hou.se  bill  No.  448 — general  approi)riation  bill,  on  ,the 
item  granting  $87,801.60  to  the  University,  etc.,  by  a 
vote  of  69  ayes,  2u  nays.  Will  i.AMiiEKX, 

Chief  Clerk   House  Representatives. 

The  minority  report  was  submitted  as  follows: 

Committee  Room,  Austin,  April  4,  l'S87. 
Hon.  George  C.  Pendleton.  Speaker  of  the  House  of  Re]>- 
resentatives,  and  Hon.   T.  B.    Wheeler,  President  of  tlie 
Senate. 

We,  a  minority  of  your  committee  of  free  confer- 
ence on  House  bill  No.  448,   known  as  the  general  ap- 
propriation bill,  beg  leave  to  dissent  from  the  recom- 
mendation of  the  majority  in  reference  to  the  payment 
'Of  $87,801.60  to  the  University  and  its  branches,  and 


90  THE  UNIVERSITY  OF  TEXAS. 

for  the  establishment  of  the  medical  oranch  at  Gal  ves- 
ton. 

Without  expressing  an  opinion  as  to  whether  the 
State  is  justly  due  the  University  this  amount  or  not, 
we  respectfully  assume  that  in  consideration  of  the 
number  and  amounts  of  the  extraordinary  appropria- 
tions this  Legislature  has  seen  proper  to  make  and  the 
gloomy  prospect  of  collecting  our  usual  amount  of  rev- 
enue, because  of  the  distressed  condition  of  many 
thousands  of  our  tax  paying  citizens,  that  it  is  unwise 
and  indiscreet  to  further  burden  the  State  treasury  at 
this  time  by  paying  this  at  least  disputed  claim  to  the 
University. 

In  justification  of  this  report,  if  any  is  needed,  we 
refer  to  the  large  deficiency  bill  we  have  had  to  pass, 
amounting  in  round  number  to  $800,000;  given  for  the 
relief  of  the  drouth  sufferers,  $100,000;  for  the  estab- 
lishment of  a  house  of  correction  and  reformatory,  $50,- 
000;  and  for  a  branch  asylum  for  the  blind,  and  deaf 
and  dumb  of  the  colored  race,  $50,000;  besides  the  cost 
of  this  Legislature  and  the  increased  appropriation  to 
several  State  departments,  because  of  constitutional 
amendments  submitted,  a  changed  land  policy,  etc. 

Not  less  than  $725,000  has  been  or  will  be  soon 
drawn  from  the  treasury  because  of  these  items  alone, 
and  that,  too,  at  a  time  when  we  can  ill  afford,  in  con- 
sideration of  the  distressed  condition  of  the  great  in- 
dustrial classes  of  our  State,  to  demand  of  them  a 
greater  amount  in  taxes  than  is  actually  necessary  for 
the  economical  administration  of  government. 

In  conclusion,  we  beg  to  say  that,  although  not  in- 
dorsing all  the  items  in  this  bill  ,we  concur  in  the  report 
of  the  majority  of  the  committee  with  the  exception 
of  the  item  hereinbefore  mentioned,  and  that  we  adopt 
the  said  ro.ajority  report  and  ask  that  it  be  made  a  ;'^art 
hereof  with  the  exception  of  said  item. 

Try       ^'  >  Of  the  House  Committee. 

In  the  House  in  the  regular  session  of  the  Twen- 
tieth legislature  (1887),  Mr.  Hudgins  introduced  House 
bill  332,  "An  act  to  restore  to  the  funds  of  the  Uni- 
versity of  Texas  divers  amounts  of  money  drawn  there- 


THE  UNIVERSITY  OF  TEXAS.  91 

from  by  the  State  of  Texas  for  other  purposes  than 
those  pertaining  to  the  University,  and  to  provide  for  the 
payment  of  interest  on  said  amounts."  Referred  to 
judiciary  committee  and  then  to  finance  committee, 
but  was  not  reported  from  the  committee. 

Mr.  Larkin  presented  a  petition  from  citizens  of 
Henderson  county,  asking  that  one-third  of  the  avail- 
able fund  of  the  University,  be  set  apart  to  be  con- 
trolled and  disbursed  by  the  board  of  directors  of  the 
Agricultural  and  Mechanical  college  for  its  develop- 
ment, support  and  maintenance.  Referred  to  finance 
committee. 

Governor  Ireland  in  his  message  to  the  legislature,, 
in  which  he  refers  to  the  University,  as  already  noticed, 
refers  also  to  the  college  as  follows:  ''I  am  glad  to  be 
able  to  announce  that  this  institution  is  in  a  most 
flourishing  condition,  and  that  it  has  been  brouglit  to 
something  like  that  high  standard  intended  by  its 
founders.  Within  the  last  few  months,  the  institution 
has  had  to  mourn  the  loss  of  the  president  of  the 
board  of  managers  in  the  death  of  ex-Senator  Pfeufier. 
In  the  demise  of  such  a  man,  the  country  lost  a  most 
valuable  citizen  and  the  college,  a  most  zealous  and  ef- 
ficient supporter.  The  sons  of  the  farmers  and  me- 
chanics of  this  State  are  repeating  a  rich  harvest  from 
this  school." 

Committee  of  the  legislature  to  visit  the  A.  &  M, 
College,  reported  generally,  favorably  to  the  institution,, 
but  say:  '"Your  committee  not  having  sufficient  time 
to  examine  fully  into  the  working  and  management  of 
the  A.  and  M.  College,  we  cannot  make  as  full  and  ex- 
plicit report  and  recommendations  as  we  would  like  to 
do.  But  we  are  lead  to  believe,  from  what  we  saw 
that  the  amount  of  money  expended  by  the  State  on 
the  agricultural  has  not  so  been  so  expended  as  to 
bring  that  branch  of  the  college  up  to  the  expectations 
of  the  committee,  and  the  requirements  of  the  State." 

Mr.  Gresham,  February  2,  1887,  introduced  House 
bill  354,  "  An  act  to  provide  for  the  exclusive  manage- 
ment and  control  of  the  lands  of  the  University  of 
Texas  by  the  board  of  regents,  with  po\\  er  to  lease  or 


9.2  THE  UNIVERSITY  OK  TEXAS. 

sell  the  same,  subject  to  the  governor's  approval,  and 
to  institute  necessary  suits  concerning  said  lands." 

The  bill  provides  that  the  lands  of  the  State  Uni- 
versity of  Texas  shall  be  under  the  exclusive  control  of 
the  board  of  regents,  subject  to  the  governor's  approval 
of  any  suit  said  board  may  desire  to  institute;  that  all 
contracts  made  by  said  board  of  regents  shall  be  de- 
posited by  the  State  treasurer,  who  shall  do  all  collect- 
ing, and  such  collections  shall  be  placed  to  the  availa- 
ble and  permanent  fund,  as  they  may  belong;  that  the 
board  of  legents  shall  have  full  power  to  open  offices 
and  to  appoint  and  pay  agents  necessarj  for  the  man- 
agement of  such  lands,  and  lAso  to  enforce  contracts  to 
settle  disputed  boundaries,  etc.;  that  upon  certificate  of 
the  board  of  regents  of  a  contract  of  sale,  the  commis- 
sioner of  the  land  office  shall  issue  patent  of  land  to 
purchaser  of  lands.  Reported  adversely,  March  10, 
18<S7,  as  similar  bill  had  been  acted  on. 

By  Mr.  Gresham:  House  bill  550 — "'To  define 
the  University  of  Texas  and  its  branches,  to  perfect  its 
organization,  and  to  give  the  regents  control  of  its 
branches  and  lands."  Reported  adversel}^,  because 
similar  bill  (House  bill  593)  is  reported  favorably  by 
the  committee. 

By  Mr.  McGaughey:  House  bill  593— 'To  per- 
fect the  organization  of  the  University  of  Texas  and 
its  branches;  to  give  the  regents  control  of  its  lands ;  to 
appropriate  the  scrap  lands  in  the  organized  counties  to 
the  common  schools;  and  to  settle  all  conflicting  inter- 
ests "     Reported  favorably,  but  not  reached. 

By  Mr.  Buchanan:  House  bill  597 — "To  amend 
Art.  5699,  of  the  Revised  Statutes,  relative  to  the  A.  & 
M.  ('Ollege,  so  as  to  give  the  College  one-fourth  of  the 
University  fund."  Reported  favorably  with  recom- 
mendation for  one-fifth,  instead  of  one-fourth. 

THE    university's    FINANCES. 

So  much  for  the  State's  control  of  the  University 
lands.  Still  more  fateful  even  has  been  its  diversion 
of  the  University  funds,  so  that  but  for  a  ruling  of 
Hon,  Wm.  J.  Swain  late  State  comptroller  (Sept.  15, 
18v^3,)  the  University  could  hardly  have  been  put  into 


THE  UNIVERSITY  OF  TEXAS.  93 

operation  on  a  respectable  basis  even  then  for  want  of 
available  resources.  These  transactions  pervade  the 
history  of  the  University  to  such  an  important  extent 
it  is  deemed  best  to  give  the  history  of  them  pretty 
fully  as  presented  in  the  correspondence  concerning 
the  v?laims  of  the  University  of  Texas  upon  the  State 
of  Texas,  which  Governor  Ross  submitted  in  his  mes- 
sage to  the  Twenty-first  legislature  as  follows: 

Executive  Office,  April  U),  1888. 
To  the  Senate  of    Texas. 

Gentlemen: — I  have  the  honor  to  submit  liere- 
with  the  report  of  the  Regents  of  the  University  of 
Texas  for  your  consideration.  It  is  not  too  much  to 
say  that  justice  to  a  great  institution  demands  that 
some  action  be  taken  with  a  view  to  repay  the  funds  of 
which  it  has  been  deprived  by  State  agency  for  revenue 
purposes.       Respectfully, 

L.  S.  Ross,  Governor  of  Texas. 

Executive  Office,  Austin,  March  28,  1888. 
Dr.   Waggener:     Ghairman  of  the  University  Faculty. 

My  Dear  Sir: — I  would  be  pleased  to  have  you  or 
Dr.  Wooten,  (President  of  the  Board  of  Regents),  sup- 
ply me,  at  your  earliest  convenience,  such  information 
as  you  may  possess  relating  to  the  funds  of  the  Uni- 
versity, claimed  to  have  been  appropriated  to  other 
puposes  by  former  legislatures  and  still  remaining  un- 
paid.      Very  respectfully,  etc. 

L.  S.  Ross,  Governor. 

University  of  Texas,  March  28,   1<^8^. 
His  Excellency,  Governor  L.  S.  Ross,  Austin  Texas: 

Dear  Sir: — In  reply  to  your  favor  of  this  date,  ask- 
ing for  information  ''relating  to  the  funds  of  the  Uni- 
versity, claimed  to  have  been  appropriated  to  other 
purposes  by  former  legislatures  and  still  remaining  un- 
paid," I  beg  leave  to  call  attention  to  the  following: 

The  funds  due  the  University  from  the  State  may 
be  classed  under  three  heads:  First,  (a)  the  amount 
misappropriated  for  the  maintenance  of  the  Prairie 
View  Normal  School;  second,  (b)  the  amount  borrowed 


•94  THE  UNIVERSITY  OF  TEXAS. 

from  the  University  fund  by  the  State  and  not  returned; 
third;  (c)  the  amount  due  on  State  warrants  received 
for  'University  lands  but  not  paid  to  the  University. 

A.  The  Prairie  View  Normal  School.  —  The  Prai- 
rie ^^iew  Normal  School  is  a  State  institution  for  the 
instruction  of  colored  teachers,  and  is  now  entirely 
supported  out  of  the  general  revenue.  It  has  no  stat- 
utory connection  with  the  University,  and  never  had 
any;*  yet  between  the  years  1879  and  1881,  the  follow- 
ing appropriations  out  of  the  University  fund  were 
made  for  the  support  and  maintenence  of  this  school: 

Act  or  April  29,  1879 $12,000 

Act  of  July  9,  1879 1,600 

Act.f  April  1,  1881 14.000 

Total $27,600 

Of  this  amount  only  $14,495.73  was  disbursed,  as 
appears  from  the  statement  made  by  Comptroller  Wm. 
J.  ;Swain,  in  answer  to  inquiry    made    November    27, 

188th 

"Austin,  Nov  27,  1886. 

^'Hon,  T.  D.  Wooten,  President  Board  of  RegenLs,  Univer- 
sity of  Texas: 

"Siri: — In  reply  to  your  inquiry  of  this  date,  rela- 
tive to  the  amount  of  the  University  fund  appropriated 
for  the  support  of  the  Prairie  View  Normal  School, 
you  are  informed  that  the  sum  of  $27,600  was  appro- 
priated, and  of  said  amount  there  has  been  disbursed 
the  sum  of  $14,495.73.    Respectfully, 

Wm.  J.  Swain,  Comptroller." 

According  to  these  statements  of  the  comptroller, 
the  sum  of  $13,104.27,  though  appropriated  by  the 
legislature,  was  not  disbursed.  The  sum  of  fi  4,495.73, 
however,  Avas  disbursed,  and  the  regents  claim  that  it 
should  be  refunded  to  the  University,  with  interest. 
The  claim  is  founded  on  the  fact  that  the  Prairie  View 
Normal  School  is  in  no  sense  of  the  word  a  part  or 
branch  of  tne  University  It  is  a  State  institution,  it  re 
true,  and  so  is  the  Lunatic  Asylum,  and  the  Asylum 
for  the  Deaf  and  Dumb  and  Blind.  The  legislature 
might  as  well  draw  on  the  University  fund  for  the  sup- 
port  of   these  institutions.     The    claim  is,   moreover. 


THE  UNIVERSITY  OF  TEXAS.  Do 

supported  by  the  fact  that  not  only  has  no  addititional 
appropriation  for  the  Prairie  View  Normal  School  been 
made  or  asked  for  out  of  the  University  fund,  bufe  the 
balance  appropriated,  $13,104.27,  has  never  been  dis- 
bursed. This  amounts,  in  the  opinion  of  the  regents, 
to  a  tacit  acknowledgement  that  the  Prairie  View  Nor- 
mal School  is  not  entitled  to  further  appropriations 
from  the  University  fund,  or  even  to  the  balance  ap- 
propriated and  not  disbursed.  It  is  respectfully  sub- 
mitted that  if  this  institution  is  not  entitled  to  draw 
any  more  money  from  the  University  fund,  it  is  not 
entitled  to  what  it  has  alread}  drawn,  and  that  there- 
fore the  $14,495.73  disbursed  should  be  refunded  with 
interest. 

B.  Money  borrowed  from  the  University  fund  by  the 
State  and  not  returned  — The  legislature  has  at  various 
times  authorized  certain  amounts  to  be  transferred 
from  the  University'  fund  to  the  general  fund. 

It  seems  that  an  act  was  approved  January  31, 
18(30,  authorizing  $101), 472. 26  in  United  States  bonds 
to  be  borrowed  from  the  University  funds  for  frontier 
defenses;  that  an  act  was  approved  January  29,  1861, 
borrowing  for  the  per  diem  of  members  and  officers  of 
the  extra  session  $9,786.62  in  specie;  that  an  act  was 
approved  February  8,  1861,  borrowing  for  the  ordinary 
expenses  of  government  $25,000  in  United  States 
bonds,  and  that  an  act  was  approved  January  9,  1862, 
borrowing  $1,500  in  specie.  The  books  of  the  comp- 
troller show  that  under  this  last  act  $1,520.40  was  ac- 
tually drawn.  The  evident  intention  was  to  take  it 
all,  but  it  seems  that  the  sum  of  fifty-seven  cents  was 
left.  Why  this  was  not  taken  does  not  appear.  In 
each  of  these  acts  there  is  a  distinct  promise  to  pay  the 
borrowed  money  back  to  the  Universit}^  as  soon  as 
there  should  be  sufficient  means  in  the  treasury.  Ac- 
cording to  the  statements  of  the  comptroller,  this  prom- 
ise was  kept  only  in  cases  of  the  first  and  third  trans- 
fers, amounting  to  $134,472.26.  No  provision  has  ever 
been  made  by  the  State  to  restore  the  second  and  fourth 
transfers,  amounting  to  $1 1,289.02.  The  regents, 
theretofore,  respectfully  ask    that  this  amount  be  re- 


96  THE  UNIVERSITY  OF  TEXAS. 

funded  to  the  University,  with  interest  from  date  of 
transfer. 

jC.  State  warrants  received  for  University  lands  but 
not  paid  by  the  State. — It  seems  that  in  January,  1>62, 
there  was  to  the  credit-of  the  University,  $16,694.77  in 
treasury  warrants,  and  that  from  January,  lc'56'J,  to 
June,  1865,  there  was  received  in  warrants  the  addi- 
tional sum  of  $5,836.03,  making  a  total  of  $22,530.80' 
to  the  credit  of  the  University  fund.  The  non  inter- 
est bearing  warrants,  amounting  to  $10,300.41,  were 
cancelled  under  the  following  circumstances,  as  given 
by  Comptroller  Darden.  in  his  report  dated  January  6, 
1881:  ^'Attention  is  called  to  the  item,  |10,300.41  in 
comptroller's  certificate  of  debt,  appearing  to  the  credit 
of  University  land  sales  account.  '1  his  certificate  of 
indebtedness  was  issued  to  that  fund  by  the  comptrol- 
ler, W.  L.  Kobards,  June  8,  lMi5,  in  lieu  of  a  lik 
amount  of  !^tate  warrants  which  had  been  paid  in  to 
the  credit  of  that  fund  for  the  purchase  of  University 
lands,  under  act  of  December  13,  1"63.  These  war- 
rants were  destroyed  and  the  indebtedness  of  the  State 
to  the  University  fund  was  recognized  by  the'comptrol- 
ler  by  the  issuance  of  the  certificate  of  debt."  This  cer- 
tificate of  debt  was  recognized  by  the  act  of  February, 
1^83,  and  ordered  to  be  paid  in  full;  but  the  $12,230.39 
in  warrants  bearing  10  per  cent  interest  has  never  been 
paid.  All  of  which  is  evidenced  by  the  following 
statement  from  the  comptroller  in  answer  to  inquiry  of 
November,  1886: 

Office  of  Comptroller,   Austin,  Nov.  23,  1^86. 

Hon.  T.  D.  Woolen,  President  Board  of  Regents,  Avstin^. 
Texas. 

''Sir — In  compliance  with  your  request  that  I  in- 
form you  how  much  of  the  University  fund  has  been 
at  different  times  appropriated  to  the  general  expenses 
of  the  State  government,  and  whether  all  sums  thus 
appropriated  have  been  restored  to  the  University  fund, 
I  give  you  the  following  facts  shown  by  the  books  and 
records  of  this  department: 

'By  authority  of  an  act  of  the  legislature,  approved. 


THJi:  UNIVERSITY  OF  TEXAS.  97 

January  31,  1860,  there  was  transferred  from  University 
fund  to  the  general  fund  for  the  ordinary  expenses  of 
the  government,  the  sum  of  $100,000,  in  United  States 
bonds,  and  interest  on  the  same  $9,472.26. 

By  authority  of  the  act  of  the  legislature,  approved 
-January  29,  I&61,  there  was  a  further  transfer  of  $9,- 
768.62  from  the  University  to  the  general  fund  for  pro- 
ceeds of  sales  of  University  lands. 

On  February  8,  1861,  another  act  of  the  legisla- 
ture was  approved,  by  which  the  additional  transfer  of 
$25,000  was  authorized  from  the  University  fund,  and 
by  a  subsequent  act,  passed  January  9,  1862,  another 
transfer  was  made  from  the  University  fund  to  the 
general  fund,  amounting  to  $1,520.40,  making  the  total 
amount  of  University  funds  used  in  payment  of  the 
ordinary  current  expenses  of  the  State  government  as 
follows : 

By  act  of  January  31,  1860  $109,473  26 

By  act  of  January  29,  1861 9.768  62 

By  act  of  February  8,  1861 25,000  00 

By  act  of  Januarv  9,  1862 1.520  40 


Total $145,761  28 

The  last  transfer,  viz.:  January  9,  1862,  consumed 
the  whole  of  the  University  fund,  with  the  following 
exception,  viz.: 

Specie $  57 

Treasury  warrants  $4,638  97,  and  10  per  cent  treasury  war- 
rants $12,055  80 16,694  77 

From  January,  1862,  to  June,  1865,  received  in  warrants  *.  . .      5,836  03 
Making  a  total  of  warrants   belonging  to  the  University 

fund  t 22,530  80 

Classed  as  follows  ; 

!Non  interest  bearing  warrants $10,300  41 

Ten  par  cent  interest  bearing  warrants 12,230  89 

These  warrants  were  received  from  the  sale  of 
University  lands  and  were  paid  into  the  treasury  under 
authority  of  an  act  of  the  State  legislature,  permitting 
the  purchasers  of  University  lands  to  make  payment  in 
treasurv  warrants.  Received  into  State  treasury  from 
1859  to  1863  inclusive. 

On  the  8th  of  June,  1865,  the  non-interest  bear- 


*  Warrants,  $5,661.44  ;  interest  bearing  warrants,  $174.59  ;   total, 
$5,836.03 

t  Warrants,  $10,300.41  ;  interest,  $12,230.39  ;  total  $22,530.80. 


98  THE  UNIVERSITY  OF  TEXAS. 

ing  warrants,  viz.:  $10,300.41,  were  cancelled,  and  a 
certificate  of  indebtedness  on  the  part  of  the  State 
issued  to  the  University  fund,  by  Hon.  W.  L.  Robards, 
then  comptroller. 

The  remaining  warrants,  $12,230.39,  belonging  to 
the  University  fund,  appear  to  have  been  dropped  from 
the  books  of  this  office  in  compliance  with  section  3, 
of  ordinance  XII,  of  the  constitutional  convention^, 
"securing  the  common  school  fund  and  the  University 
fund,  and  for  other  purposes,"  passed  April  2,  1866. 
They  were  received  into  State  treasury  from  1859  to 
1863,  inclusive.  J 

In  accordance  with  the  provisions  of  an  act  of  the 
legislature  approved  November  12,  1866,  there  was 
issued  to  the  University  fund  $134,372.26  in  5  per  cent 
State  bonds.  These  bonds  covered  the  first  and  third 
transfers  from  the  University  fund,  viz.:  $109,472.25 
and  $'J5,000.00.  No  further  reimbursement  of  the 
University  fund  appears.  § 

No  provision  appears  ever  to  have  been  made  by 
the  State  to  restore  to  the  University  fund  the  amount 
embraced  in  the  second  and  fourth  transfers,  viz.: 
$9,768.62  and  $1,520.40,  aggregating  $11,289.02. 

By  the  provision  of  an  act  of  the  legislature,  ap- 
proved February  23,  1883,  the  $134,172.26  in  5  per 
cent  bonds,  with  interest,  and  the  $10,300.41  certificate 
of  debt  were  paid  in  fuil,  leaving  yet  unrestored  the 
amounts  borrowed  from  the  University  funds  by  the 
act  of  January  29,  1861,  and  January  9,  lc*62,  $11,- 
289,02,  and  State  warrants  received  in  payment  of  Uni- 
versity lands  $12,230.39,  the  two  items  amounting  to 
thfesum  of  $23,519.41. 

Respectfully, 

Wm.  J.  Swain,  Comptroller." 

Attention  is  respectfully  called  to  the  fact  that,  in 


X  There  was  thus  left  to  the  credit  of  the  University  land  sales  ac- 
count, only  $10,300.41  comptroller's  certificate.  The  several  acts  pro- 
vided that  the  several  appropriations  should  be  refunded. 

§  Deducting  the  amount  of  the  bonds  from  the  amount  of  cash 
borrowed  ($145,761.28),  we  have  $11,889.02,  which  appears  wa«  never 
restored,  over  and  above  the  $12,230.39,  in  warrants,  dropped  from  the 
books  of  the  department,  under  ordinance  of  the  convention. 


THE  UNIVERSITY  OF  TEXAS.  m 

the  opinion  of  Comptroller  Swain,  there  is  no  reason 
why  the  amounts  borrowed  froia  the  University  fund 
by  the  act  of  January  29,  1861,  and  January  9,  1862, 
$9,768.02  and  $1,520.41,  should  not  be  restored  to  the 
University.  But  the  comptroller  is  of  the  opinion 
that  interest  bearing  warrants,  amounting  to  $12,230.39, 
were  dropped  from  the  books  of  his  office  in  com- 
pliance with  section  3,  of  ordinance  XII,  of  the  con- 
stitutional convention,  "securing  the  common  school 
fund  and  the  University  fund  and  for  other  purposes." 
passed  April  2,  1^66.  This  section,  so  far  as  the  Uni- 
versity is  concerned,  reads  as  follows:  "Be  it  ordained, 
etc..  That  the  legislature,  at  its  first  session,  shall  pro- 
vide for  issuing  coupon  bonds  of  the  State  for  the  5 
per  cent  United  States  bonds,  and  interest,  transferred 
from  the  University  fund  to  the  State  revenue  account, 
inFebruary,  1860,  and  when  issued  they  shall  be  placed 
in  the  treasury  to  the  credit  of  said  fund.  Be  it  fur- 
ther ordained.  That  the  legislature  of  this  State  shall 
have  no  authority  and  are  hereby  forbidden  to  assume 
or  provide  by  taxation  or  otherwise,  for  the  payment  of 
any  other  claim  or  pretended  liability  of  the  State  to 
said  fund,  not  enumt^rated  in  this  ordinance." 

In  view  of  the  fact  that  the  next  legislature  conven- 
ing in  the  same  year  in  which  the  convention  met,  and 
under  the  constitution  adopted  by  it,  did  assume  and  pro- 
vide for  the  payment  of  other  claims,  to-wit:  The  $25,- 
000  borrowed  by  act  of  February  8,  1861 ;  and  in  view 
of  the  fact  that  Comptroller  Robards,  who  was  fully 
aware  of  this  constitutional  provision,  recognized  as 
valid  the  $10,300.41  in  warrants,  by  keeping  this  item 
on  his  books,  the  regents  respectfully  suggest  that  the 
ordinance  referred  to  by  the  comptroller  was  intended  to 
be  construed  as  referring  to  fraudulent  and  pretended 
claims,  and  not  to  money  borrowed  by  an  act  of  the 
legislature,  which  solemnly  pledges  the  State  to  refund 
the  same  as  soon  as  possible,  nor  to  warrants  which 
were  received  according  to  law  in  payment  for  Univer- 
sity lands  for  which  patents  were  issued  by  the  State. 
It  is  presumed  that  the  convention  of  1866  did  not  in- 
tend to  deprive  the  University  of  any  part  of  its  appro- 
priate fund,  for  in  article  X,  sec.  8,  of  the  constitution 


100  THE  UNIVERSITY    OF  TEXAS. 

adopted  by  this  convention,  it  is  ordained  that  "the 
moneys  and  lands  heretofore  granted,  or  which  may 
hereafter  be  granted,  for  the  endowment  and  support 
of  one  or  more  Universities,  shall  constitute  a  special 
fund  for  the  maintenance  of  said  Universities;  *  *  * 
and  the  legislature  shall  have  no  power  to  appropriate 
the  University  fund  for  any  other  purpose  than  that  of 
the  maintenance  of  said  Universities." 

The  -opinion  is  also  ventured  that  this  claim 
of  $12,230.39  from  interest  bearing  warrants,  and  the 
claim  of  $11,289.05  borrowed  money,  would  have  been 
recognized,  as  was  the  debt  of  |25,000,  had  they  not 
been  simply  overlooked;  there  being  up  to  lb82  no 
board  or  officer  whose  especial  business  it  was  to  bring 
to  the  notice  of  the  legislature  matters  relating  to  the 
Universitv  and  its  endowment. 

The  regenljs  therefore  ask  that  $12,230.39  with  in- 
terest at  10  per  cent  from  June  1,  1856,  be  repaid  to 
the  University  fund. 

To  recapitulate:  The  funds  of  the  University 
claimed  to  have  been  appropriated  to  other  purposes  by 
former  legislatures  and  still  remaining  unpaid  are 
as  follows: 

A— The  Prairie  View  Normal  School  Appropriation $14,495  73 

Interest 8,214  26 

B— Monfy  borrowed  for  State  expenses 11.289  02 

Interest 24,540  48 

C — Unredeemed  warrants  12,230  39 

Interest 28,028  00 

Total $98,797  88 

Respectfully  submitted,  Thos.  D.  Wooten, 

President  Board  of  Regents. 

THE  comptroller's   STATEMENTS. 

University  of  Texas,  April  10,  1888. 
To  His  Excellency,  L.  S.  Ross,  Governor  of  Texas. 

Dear  Sir — In  accordance  with  your  request 
of  March  28,  that  you  be  furnished  with  information 
in  regard  to  money  due  the  University  from  the  State, 
the  following,  in  addition  to  statement  already  ren- 
dered, is  most  respectfully  submitted : 

In  compliance  with  the  act  of  January  4,   1862, 
.and  of  December  16,    1863,  of  the  Texas  legislature, 


THE  UNIVERSITY   OF  TEXAS.  lOT 

C'oiifederate  notes  were  received  by  the  IState  during  the 
years  J  862-1865,  in  payment  for  University  lands.  In 
Paschal's  Digest,  Article  3571,  and  note,  it  is  said  that 
"very  large  amounts,  due  the  University  fund,  were 
paid  in  Confederate  money,  under  these  laws." 

The  regents  have  had  some  difficulty  in  ascertain- 
ing the  exact  amount  paid  for  University  lands  during 
the  war  in  Confederate  notes,  and  also  in  ascertaining 
the  disposition  of  this  money  by  the  State  authorities.. 
Both  of  these  points  can  now,  however,  be  clearly 
stated ;  and  the  attention  of  your  Excellency  is  most 
respectfully  invited  to  their  consideration. 

When  the  Texas  State  convention  assembled  in 
Austin,  February  7,  1866,  ''to  alter  or  amend  the  con- 
stitution of  the  State,"  one  of  its  first  acts  was  to  ap- 
point a  ''committee  on  finance,"  to  audit,  among  other 
duties,  the  several  trust  funds  of  the  State.  On  March 
23,  1866,  that  committee  reported  as  follows: 

''The  committee  find  there  has  been  paid  into  the 
treasury,  on  account  of  University  lands: 

Specie  on  account,  principal  and  interest  on  notes $  37,932  04 

Ten  per  ceut  iDtere>*t  bearing  warrants 12,230  39^ 

Non  luterest  beariug  warrants 10,300  41 

Confederate  notes 114,804  4& 

Transferred  to  State  revenue  account 203,901  30 

Amounting  to $379,168  62 

which  has  been  converted  and  expended,  during  the 
war,  by  the  State  authorities."  (Journal  of  the  Texas 
State  Convention  of  1866,  page  275.) 

A  letter  of  inquiry  was  addressed  to  the  comp- 
troller, asking  for  information  in  regard  to  the  item 
"Confederate  notes  $1 14,^04. 18."  The  following  answer 
was  received : 


"Office  of  Comptkollrr,  Austi.v,  April  6,  1 

"  Dr.  T.  D.  Woolen,  President  Board  or  Regents.    Univer- 
sity of  Texas.,  Austin,  Texas. 

"Deak  Sir — In  reply  to  yours  of  the  4th  inst.,  in 
which  3^ou  ask  the  following:  'Referring  to  the  report 
of  the  finance  committee,  as  published  in  the  Journal 
of  the  Texas  State  Convention,  assembled  in  Austin, 
February  7,  1866,  page  275,  I  beg  leave  to  ask,  whether 


103  THE  UNIVERSITY  OF  TEXAS. 

the  amount  of  $114,804.48,  mentioned  by  the  commit- 
tee as  having  been  paid  into  the  treasury  in  Confederate 
notes  on  account  of  University  lands,  has  been  kept  on 
your  books  to  the  credit  of  the  University  fund?  If 
not,  why  was  it  dropped?' — :  1  have  to  state,  that  the 
books  of  this  office  show  the  items  that  go  to  make  up 
the  1114,804.48,  referred  to,  disposed  of  as  follows: 
140,000.00  was  transferred  to  State  revenue  account  on 
the  30th  of  May,  1863,  by  order  of  comptroller;  $74,- 
804.48  was  turned  over  to  the  Confederate  States  depos- 
itory at  Austin,  on  February  28,  1865,  to  be  exchanged 
for  C.  S.  bonds,  or  notes  of  new  issue.  This  is  the  last 
record  made  of  this  item.  Neither  of  the  amounts  re- 
ferred to,  as  making  up  the  $114,804.48,  have  been 
restored  to  the  University  fund. 

Respectfully,        John  D.  McCall,  Comptroller. 

Upon  the  request  for  additional  information  and 
statement  covering  the  period  referred  to  as  "during 
the  war,"  the  following  balance  sheet  and  explanatory 
letter  were  received : 

UNIVERSITY    FUND    ACCOUNT. 

1858 
Nov.  1  To  aiuounr,    receipt  balance  on  hand  this  date  in 

United  States  bonds $100,000  00 

To  specie 1,972  29 

1859 
Aug.  31  To  amount  of  interest  on  United  States  bonds  dur- 
ing month  of  August 5,000  00 

Nov.  30  To  land  sales  in  November 8,801  00 

Dec.  31  To  land  sales  in  December 11,180  44 

1860 

Jan,  31  To  land  sales  in  January 645  84 

Feb.  19  To  interest  on  United  States  bonds  to  January  1 2,500  00 

To  land  sales  in  February,  specie 584  72 

Mar.  31  To  land  salt  s  in  March,  specie 199  16 

Aug.  31  To  land  saies  in  August,  s{)ecie 203  84 

Nov.  30  To  land  sales,  quarier  specie 5,781  18 

1861 

Feb.  28  To  land  sales,  quarter  specie 10,526  70 

May  31  To  land  ?ales,  quai'ter  specie  2,765  78 

Aug.  31  To  land  sales   quarter  specie 395  27 

Nov.  20  To  land  sales,  quarter  specie 2,601  17 

1862 

Feb.  28  To  land  sales,  quarter  specie 4,607  80 

May  31  To  land  sales,  quarter  specie 57 

To  do,  Confederate  notes 488  46 

To  do,  treasury  warrants 1,585  37 

To  do,  10  per  cent  interest  warrants 4,389  10 

Aug.  31  To  land  sales  for  quarter 3,823  15 

$168,051  81 


THE  UNIVERSITY  OF  TEXAS. 


103 


1860  Contra. 

Feb.  29  By  amount  expenses  of  land  sales |    1,641  4i 

By  amount  transferred  to  State  revenue 100,000  00 

Bv  interest  on  same 9,472  26 

1861 
Feb.  28  By  amount  transferred  to  State  revenue  under  act 

of  January  29,  1861 9,768  62 

Under    ct  of  February  8,  1861 25,000  00 

1862 
Feb,  28  By  amount  transferred  to  State  revenue  in  payment 

of  contingent  expenses  of  the  Ninth  legislature. . .      2,521  40 
By  balance  on  liand.  transferred  to  University  land 

sales — specie 57 

Confederate  notes 3,952  74 

Treasury  warrants 4^638  97 

Ten  i)er  cent  interest  warrants 12,055  80 


$168,051  81 


UNIVKRSITY  LAND  SALKS  ACCOUNT. 


1862 
Nov.  — 

Nov.  30 

1863 
Feb.  28 
May  31 
Aug.  31 
Nov.  30 

1864 
Feb.  29 
May  31 


To  transfer   from   Univer- 
sity funds — balances. . . . . 
To  land  sales  


To  land  sales. 
To  land  sales. 
To  land  sales 
To  land  sales 


To  land  sales 

To  transfer  from  Confeder 
ale  notes  to  treasury  war- 
rant column— deposited 
erroneouslv 


Contra. 
1883 

May  30  By  transfer  to  State  revenue 
by  order  comptroller. . .. 
1864 

May  31  By  transfer  from  Confeder- 
ate notes  to  treasury  war- 
rant column  —  deposited 

erroneously 

1865 
Feb.  28  By  amount  non  interest 
bearing  Confederate  notes, 
old  issue,  delivered  to  P. 
Priestly,  C.  S.  depositary 
at  Austin,  by  order  of 
comptroller,  to  be  ex- 
changed under  the  several 
laws  of  the  C.  S.  contjress 
and  the  SJ^ate  legislature 
relating  thereto,  for  C.  S. 
bonds  and  notes  of  new 

issue 

By  balances 


$.57 


.57 


S  .5 


$4,638  97 


135  00 


5,129  00 


$9,902  97 


9.902  97 


$  3,952  74 
2,273  00 

17,586  09 
16,499  36 
16,096  31 
57.594  40 

5,931  58 


$119,933  48 


$  40.000  00 


5.129  00 


74,804  48 


$9,902  97$119,933  48 


$12,055  80 


57  98 
116  61 


$12,230  39 


12.230  39 


$12,230  39 


104 


THE  UNIVERSITY  OF  TEXAS. 


UNIVERSITY  LAND  SALES  ACCOUNT 

.2 

1 

Treasury 
Warra  ts. 

%   i 

"S  ^ 

o 

Hi 

1865 
Feb.  28  To  balances 

5 

$9,902  97 
afl7  AA 

$12,230  8» 

May  31  To  land  sales 

Jwne  8  To  comptroller's  certificate, 
Issued  in  lieu  of  treasury 
warrant  

* 
.  ..i 

10,300  41 

.57 

•  •  •      * 

Contra. 

1865 
June  8  By  warrant  cancelled  and 
comptroller's  certificate  is- 
sued therefor 

$10,300  41 
$10,300  41 

$10,b00  41 

$12,230  39 

By  balances 

.57 
.57 

*10,300  41 

12.2303  9 

$10,300  41 

$10,800  41 

$12,230  39 

To  balances  on  hand. . . 

.57 

$10,300  41 

$12,230  39 

*  Comptroller's  certificate. 

SUMMARY  OF  UNIVERSITi'  LAND  SALES. 

To  total  receipts  from  all  sources  including  balance  en  hand 
November  1,  1858 $284,739  58 


Contra. 


$284,739  58 


By  total  transfers  to  State  revenue $185,762  28 

Amount  expenses  of  land  sales 1,641  45 

Amount  Confederate  notes  delivered  to  O.  S.  depositary  to 

be  converted  into  new  issue 74,804  48 

Balances  on  hand  June  8,  1865,  specie  57 

Comptroller's  certificate 10,300  41 

Ten  per  cent  treasury  warrants 12,230  o9 

$284,739  58 

"Office  of  Comptrollek,  Austin,  April  6,  1888. 

'^Dt.  T.  D.  Wooten,  President  Board  of  Regents,    Univer- 
sity of  Texas. 

"Dear  Sir — Replying  to  your  favor  of  the  4th 
inst.,  I  herewith  enclose  itemized  statement  of  the  Uni- 
versity fund  and  University  land  sales  account,  show- 
ing receipts,  transfers  and  disbursements  of  same,  from 
November  1,  1858,  to  June  8,  1865.  Transfers  are 
shown  to  State  revenue  account  as  follows: 

Act  of  Jan.  31,  1860,  U.  S.  5  per  cent  bond? $100,000  00 

Interest  on  same 9,472  26 

Act  of  Jan.  29,  1861,  specie  borrowed 9,768  52 

Act  of  Feb.  8,  1861,         "  "  25,000  00 

Act  of  Jan.  9,  1862,        "  "  1,52140 

Transferred  to  revenue,  May  30,  1863 40,000  00 


Total 


.$185,762  28 


THE  UNIVERSITY  OF  TEXAS.  106 

''Of  these  amounts  the  following  items  have  been 
restored  to  the  University  fund  in  accordance  with  the 
provisions  of  an  act  of  the  legislature,  February  23, 
1883,  namely:  the  first,  second  and  fourth  items  of  the 
above,  aggregating  $134,472.26  leaving  a  balance  unre- 
stored  that  was  actually  borrowed  and  so  transferred, 
ot  $51,290.02. 

"The  item  of  $40,000  that  was  transferred  to  State 
revenue  account  on  the  30th  of  May,  1863,  has  this 
note  with  the  entry:  'This  amount  is  transferred  by 
order  of  the  comptroller.'  If  there  was  any  authority 
of  law  for  this  transfer,  no  reference  appears  thereto, 
nor  has  any  such  law  been    found  by  this  department. 

"The  item  of  $74,804.48  Confederate  notes,  which 
appears  in  the  disbursements,  was  turned  over  to  P. 
Priestly,  C.  S.  depositary  at  Austin,  by  order  of  comp- 
troller, on  February  28,  1865,  to  be  exchanged  under 
the  several  laws  of  the  Confederate  States  congress,  and 
the  State  legislature  relative  thereto,  for  Confederate 
States  bonds  and  notes  of  new  issue. 

"The  item  of  comptroller's  certificate  of  $10,300.41 
was  restored  to  the  University  by  act  of  February  23, 
1883.  The  remaining  balance  on  hand  June  8,  1^65, 
of  the  10  per  cent  treasury  warrants  for  $12,230.39  ap- 
pears to  have  been  dropped  from  the  books  of  this  of- 
fice in  compliance  with  section  3  of  ordinance  XII,  of 
the  State  constitutional  convention,  on  April  2,    1863. 

"A  summing  up  of  the  whole  gives  the  following: 

Amounts  actually  borrowed $185,762  28 

Amount  treasury  warrants  dropped 12,280  39 

Confederate  notes 74. 804  48 

Comptroller's  cei  tiflcate 10,300  41 

Total $283,097  56 

Amount  restored 144,773  67 

Balance  not  restored .$138,324  89 

"The  following  make  up  said  balance: 

Amount  transferred  under  act  of  January  29,  1861 $    9,768  62 

Amount  transferred  under  act  of  January  9,  1862 1,521  40 

Amount  of  comptroller's  transfer  May  30.  1863 40,000  00 

Amount  of  Confederate  notes  turned  over  for  exchange  for 

new  issue 74,804  48 

Amount  of  10  per  cent  treasury  warrants  dropped 12,230  39 

Total $138,324  89 

Respectfully,         Jno.  D.  McCall,  Comptroller, 


106  THE   UNIVERSITY   OF  TEXAS. 

Of  the  items  making  up  the  balance  ($138,324.89) 
not  restored,  it  may  be  well  to  say  that  item  1,  $9,- 
768.62;  item  2,  |i;521.40,  and  item  5,  $12,230.35,  are 
duly  set  forth,  explained  and  asked  for,  in  statement 
previously  filed  with  your  Excellenc3\  The  remainder, 
item  3,  $40,000,  and  item  4,  $74,804.48,  have  not  only 
not  been  restored,  but  so  far  as  the  regents  are  informed, 
the  attention  of  the  legislature  has  never  been  called 
to  the  fact  that  this  amount  of  money  was  at  one  time 
held  by  the  state  in  trust  for  the  University.  The  re- 
quest of  your  Excellency,  however,  that  full  informa- 
tion be  given  you  on  these  points,  affords  the  regents 
an  opportunity'  to  call  attention  to  this  fact.  Since  this 
amount,  $114,804  4^^,  is  of  the  same  character  as  a  part 
of  the  claim  allowed  in  1883,  (for  which  allowance  the 
University  is  largely  indebted  to  the  interest  taken  in 
the  matter  by  your  Excellency  when  a  member  of  the 
Senate,)  the  regents  are  led  to  believe  that  it  will  be 
recognized  and  allowed. 

The  facts  as  presented  in  statements  of  comptroller 
are  plain  and  indisputable.  University  lands  were  sold 
during  a  certain  period,  by  authority  of  the  legisla- 
ture, for  Confederate  money.  For  these  lands  there 
was  received  in  this  mone}''  $114,804.48,  which  was 
placed  to  the  credit  of  the  University  fund.  Of  this 
amount.  $40,000  was  transferred  by  the  comptroller  to 
the  general  revenue  and  used  doubtless  in  defraying 
the  ordinary  expenses  of  the  State  government;  $74,- 
804.48  was  turned  over  to  the  Confederate  States  de- 
pository, to  be  funded  under  the  laws  of  the  Confeder- 
ate States  government  in  bonds  for  the  benefit  of  the 
University,  None  of  this  money  ($114,804.48),  paid 
for  the  Universit}''  lands  by  authority  of  the  State  leg- 
islature, has  been  restored  to  the  University  fund.  The 
only  question  is  whether  the  State  is  under  obligation 
to  return  it.  The  regents  are  of  the  opinion  expressed 
by  the  compiler  of  Paschal's  Digest:  "Such  payments" 
(Confederate  money  for  University  lands)  "ma}'^  oper- 
ate as  discharge  to  the  debtors,  but  it  would  seem  to 
leave  a  just  claim  on  the  State  in  favor  of  the  educa- 
tion (University)  fund."  Paschal's  Digest,  vol.  1,  art. 
^571,  Note. 


THE  UNIVERSITY  OF  TEXAS  107 

The  regents  are  willing  to  leave  the  statements  of 
facts  by  the  comptroller  to  have  their  proper  weight, 
trusting  that  the  fund  borrowed  in  the  time  of  the 
emergency  of  the  State  will  be  returned  to  the  regents 
at  the  time  of  the  emergency  of  the  University. 

It  may  not  be  out  of  place  to  say  that  in  recogniz- 
ing this  claim  of  the  University,  which  cannot  be  en- 
forced in  the  courts,  the  legislature  will  but  follow  in 
the  footstejps  of  the  general  government  in  allowing  to 
Texas  an  indemnity  fund,  which  the  State  had  no 
power  to  enforce  or  ability  to  collect.  What  congress 
has  just  done,  the  State  legislature  can  certainly  do;  es- 
pecially as  in  doing  this  the  legislature  will  not  be  pay- 
ing mone}' to  an  outsider,  but  will  be  simply  repaying  to 
one  department  money  borrowed  from  that  department 
to  pay  expenses  of  another  department;  or  refunding  se- 
curities received  by  order  of  one  department  in  trust 
for  another  department,  which  securities  have  since  be- 
come worthless-  It  may  be  proper  to  say  here  that  this 
claim  for  money  paid  in  C  Jon  federate  notes  for  Univer- 
sity lands  has  not  been  filed  sooner,  because  the  facts 
were  not  until  recently  sufficiently  known  to  justify  a 
formal  presentation  of  the  matter  to  your  Excellency, 
and  through  you  to  the  Honorable  Legislature  of  the 
State.  In  conclusion,  it  is  respectfully  stated  that  the 
full  University  claim,  including  amounts  referred  to  in 
previous  papers,  is  as  follows: 

1.  Ainouut  paid  Prairie  View  Normal  school $  14.495  73 

Interest  oil  same  at  8  per  cent  from  April  1, 1881,  to  May  1, 

1888 8,214  26 

2.  Amount  borrowed  by  act  of  January  29,  1861 9,786  63 

Interest  on  same  at  8  per  cent  from  January  9,  1861,  to 

May  1,  1888 ' 21.340  21 

3.  Amount  borrowed  by  act  of  January  9.  1862 1,520  40 

Interest  on  same  at  8  per  ceat  from  Januarv  9.    1863,   to 

May  1,  1888 3.200  27 

4.  Amount  of  10  per  cent  warrants 12,230  39 

Intei'est  on  same  at  10  per  cent  from  June  1,  1865,  to  May 

1,1888 .'.     28,028  00 

5.  Amount  transferred  by  comptroller  May  30,  1863 40,000  00 

Interest  on  same  at  8  per  cent  from  May  30,  1863,  to  May  1, 

1888 78,880  98 

6.  Amount  turned  over  to  C.  S.  depositary  February  28.  1865     74,804  48 
Interest  on  same  at  8  per  cent  from  February  28,  1865,  to 

May  1,  1888 138.687  53 

Total $431,188  85 

Respectfully  submitted,        Thos.^D.  Wootkn, 

President  Board  of  Regents. 


108  THE  UNIVERSITY  OK  TEXAS. 

The  figures  and  estimates  were  carefully  taken  for 
Comptrollers  Swain  and  McCall  from  the  records  of  the 
office  by  their  respective  chief  bookkeepers,  R.  S.  Har- 
rison and  R.  W.  Finley.  They  are  here  correctly 
printed,  as  verified  by  collation  by  the  author  with  the 
original  correspondence  in  the  office  of  the  comptroller. 

Prior  to  this,  the  State  had  been  granted  an  indem- 
nity fund  of  nearly  one  million  dollars  from  Washing- 
ton, in  view  of  which  Rev.  Dr.  B.  H.  Carroll  and  Hon. 
W.  L.  Prather  of  Waco,  and  ex  U.  S.  Senator  Maxey 
wrote  to  Governor  Ross,  strongly  urging  him  to  recom- 
mend a  liberal  appropriation  from  the  State  to  the  Uni- 
versity. 

■  General  Maxey  urged  that  the  University  would; 
never  have  greater  need  of  the  funds  due  it  from  the 
State  or  the  State  ever  be  in  better  condition  to  settle. 
He  knew  of  no  principle,  save  force,  that  would  enable 
a  State  acting  as  trustee  withholding  these  funds. 

Dr.  Carroll  wrote:  If  Mr.  Jefferson,  whom  we 
both  so  much  admire,  counted  it  worthy  of  a  life  work 
to  build  up  the  Virginia  University,  and  sleeps  today 
under  an  epitaph,  proudly  commemorative  of  this  fact, 
have  I  presumed  in  attributing  a  similiar  spirit  to  th  e 
present  governor  of  a  greater  commonwealth? 

Col.  Prather  wrote:  This  immense  indemnity 
fund  comes  at  a  time  when  we  already  have  an  over- 
flowing treasury,  and  I  know  of  no  institution  which- 
has  such  claims  upon  the  State  and  whose  needs  are 
so  great  as  the  University's.  I  have  felt,  too,  that  a  rec- 
ommendation from  you  that  a  portion  of  this  fund  be 
applied  to  this  object  at  this  time,  would  be  in  strict 
accord  with  "the  eternal  fitness  of  things."  The  plac- 
ing of  all  the  former  State  institutions  upon  a  firm 
basis  and  the  inauguration  of  others  to  meet  the  grow- 
ing needs  of  our  people,  have  been  the  distinguishing 
features  of  your  admistration. 

FURTHER  ACTIO Pf  OF  THE  LEGISLATURE. 

Following  the  foregoing  correspondence  with  the 
governor,  aud  his  brief  message  communicating  it  to 
the  Twentieth  legislature  sitting  in  extra  session,  the 
following  proceedings  occurred  in  the  senate : 


THE  UNIVERSITY  OF  TEX-AS.  109 

By  Senator  Burges: — Resolved,  That  the  senate 
committee  on  education  be  and  are  hereby  instructed 
to  inquire  into  and  report  to  the  senate  the  amount  of 
indebtedness  due  from  the  State  to  the  University  of 
Texas.     The  resolution  was  adopted. 

By  Senator  Armistead :  Senate  bill  12 — A  bill  to 
be  entitled  an  act  to  repay  the  funds  of  the  University 
of  Texas  divert  amounts  of  money  drawn  therefrom 
by  the  State  of  Texas  for  other  purposes  than  those 
pertaining  to  the  University,  and  to  provide  for  the 
payment  of  interest  due  thereon. 

Be  it  enacted  by  the  legislature  of  the  State  of 
Texas : 

Section  1.  The  following  sums  of  money  due  by 
the  State  to  the  permanent  University  fund  as  follows: 

1.  Amount  borrowed  by  the  act  of  January  29,  18(il $  9,768  62 

2.  Amount  borrowed  by  the  act  of  January  9,  1862 1,520  40 

3.  Amount  transferred  to  the  general  revenue  by  the  comp- 

troller, May  30,  1883 40,000  00 

4.  Amount  of  10  per  cent  interest  bearing  warrants  destroyed 

and  dropped  from  comptroller's  books,  1865 12.280  39 

Aggregating |63,519  41 

be  and  the  same  are  hereby  appropriated  from  any 
funds  in  the  State  treasury,  not  otherwise  appropriated, 
to  the  permanent  fund  of  said  University,  and  the 
same  shall  be  transferred  and  entered  to  the  credit 
thereof  in  the  comptroller's  books,  and  invested  as 
other  permanent  University  funds. 

Section  2,  That  the  following  amounts,  the  same 
being  interest  due  on  said  permanent  funds  up  to  May 
1.  1888,  to-wit:  On  item  one,  in  the  preceding  section 
from  January  29,  1861,  at  8  per  cent,  $21,340.21;  on 
item  two,  from  January  9,  1862,  at  8  per  cent,  $3,- 
200.27 ;  on  item  three,  from  May  30, 1863,  at  8  per  cent, 
$78,880.98;  on  item  four,  from  June  1,  1865,  at  10  per 
cent,  $28,028.00;  aggregating  interest,  $131,449.46. 

Also  the  amount  of  $14,495.73  paid  the  Prairie 
View  Normal  school  out  of  the  available  University 
fund,  under  the  acts  of  April  29,  1?^79;  July  9,  1879, 
and  April  1,  1881,  together  with  interest  thereon  at  8 
per  cent  from  April  J,  1881,  to  May  1,  188«,  amounting 
to  $8,214.26  (  all  the  items  of  this  section  aggregating 


110  THE. UNIVERSITY  OF   TEXAS. 

the  sum  of  $154,159.45),  be  and  the  same  are  hereby 
apropriated  to  the  available  University  fund  from  any 
funds  in  the  State  treasury  not  otherwise  appropriated, 
and  the  same  shall  be  properly  transferred  and  entered 
on  the  comptroller's  books  to  the  credit  of  said  availa- 
ble funds  and  used  as  such. 

Referred  to  the  committee  on  education. 

Committee  Room,  Austin,  April  24  1888. 
Hon.  2.  B.  Wheeler,  Lieutenant   Governor  and  President 
of  the  Senate. 

Sir— Your  committee  on  education  to  whom  was 
referred  Senate  bill  No.  12,  entitled:  An  act  to  repay 
to  the  funds  of  the  University  of  Texas,  divers  amounts 
of  money  drawn  therefrom  by  the  State  of  Texas  for 
other  pursoses  than  those  appertaining  to  the  Univer- 
sity, and  to  provide  for  the  payment  of  interest  due 
thereon,  have  had  the  same  under  consideration,,  and 
instruct  me  to  report  it  back  to  the  Senate  with  the 
recommendation  that  it  do  pass,  with  the  following 
amendment:  To  strike  out  one  hundred  and  fifty-four 
thousand  one  hundred  and  fifty-nine  dollars  and 
forty-five  cents  ($154,159.45)  and  insert  in  lieu  thereof 
ninety  thousand  dollars.  All  of  which  is  respectfully 
submitted.  Glasscock,  Chairman. 

The  bill  was  laid  before  the  senate  and  read  second 
time  with  committee  amendment. 

Senators  Arraistead,  Gregg,  Jarvis  and  Glasscock 
opposed  the  committee  amendment  and  it  was  lost. 

Senator  Jarvis  moved  to  amend  by  striking  out 
the  whole  of  section  I  of  the  bill  making  appropria- 
tion of  $63,519.41,  and  spoke  in  favor  of  the  amend- 
ment. 

On  motion  of  Senator  McDonald  the  bill  was 
postponed  and  made  the  second  special  order  from  day 
to  day  till  disposed  of. 

The  bill  was  subsequently  laid  before  the  Senate- 
with  the  Jarvis  amendment. 

Senator  Allen  moved  to  substitute  amendment^ 
striking  out  the  $40,000  in  section  1,  and  striking  out 
the  third  item  in  section  2. 

Senator  Simkins  spoke  at  length  against  the- 
amendment  and  substitute  and  in  favor  of  the  bill. 


THE  UNIVERSITY  OP  TEXAS.  m 

The  Senate  adjourned  till  Monday  when  ^Senate 
bill  No.  12,  proposing  to  refund  moneys  to  the  Univer- 
sity fund  with  two  amendments,  being  the  pending 
business,  Senator  Simkins  concluded  his  speech  in 
favor  of  the  bill,  and  Senator  Gregg  spoke  at  length  in 
opposition  to  the  bill. 

The  special  order.  Senate  bill  No.  12,  was  laid  be- 
fore the  Senate,  with  amendment  by  Senator  Jarvis  and 
substitute  therefor  by  Senator  Allen,  pending.  Senator 
Burney  made  the  point  of  order  that  Senator  Allen's 
substitute  for  the  amendment  of  Senator  Jarvis'  could 
not  be  acted  upon  as  such,  as  it  covers  two  sections  of 
the  bill.  Point  sustained.  Senator  Allen  spoke  at 
length  in  favor  of  his  amendment.  Senator  M'Manus 
spoke  against  the  amendment  and  in  favor  of  the  bill, 
and  Senator  Baker  spoke  in  favor  of  the  bill. 

The  amendment  offered  by  Senator  Allen  was 
lost,  and  Senator  Jarvis  withdrew  his  amendment. 

Senator  Claiborne  offered  the  following  amend 
ment:  After  the  word  "cents,"  in  line  '1%  section  2, 
add  "and  that  fifty  thousand  dollars  of  the  available 
portion  of  the  money  hereby  appropriated  be  and 
the  same  is  hereby  appropriated  and  set  apart, 
to  be  used  in  the  construction  of  buildings  for  the 
medical  branch  of  the  University  of  Texas,  at  the 
city  of  Galveston.  Provided,  that  the  said  city  of  Gal- 
veston shall  donate  to  the  University  of  Texas  block 
668,  in  said  city,  to  be  used  for  the  medical  branch  of 
that  institution ;  and  Provided  further  that  the  exec- 
utor of  the  estate  of  John  Sealy,  deceased,  shall  agree 
to  construct  on  said  block  at  a  cost  ot  not  less  than 
fifty  thousand  dollars  ($50,000),  a  medical  hospital, 
which,  when  completed,  is  to  be  donated  to  the  medical 
branch  of  the  University  of  Texas,  and  to  be  under  the 
control  of  the  board  of  regents  of  said  University. 

Senator  Claiborne  spoke  in  favor  of  the  amend- 
ment, and  it  was  lost. 

Senator  Stinson  offered  amendment  adding  to 
the  end  of  section  2,  the  following:  Provided,  the  ap- 
propriation shall  be  a  full  and  complete  settlement  and 
satisfaction  of  all  claims  and  demands  that  the  Univer- 
sity of  Texas  has  against  the  State  of  Texas. 


112  THE  UNIVERSITY  OF  TEXAS. 

Senator  Stinson  spoke  in  favor  of  the  amendment, 
and  it  was  lost. 

Senator  Jarvis  moved  to  am/^nd  by  striking  out  all 
of  section  2  of  the  bill,  which  seeks  to  recover  interest. 
Lost,  and  the  bill  was  ordered  engrossed. 

The  bill  was  subsequently  reported  engrossed  by 
Senator  Frank,  chairman  of  committee  on  engrossed 
bills. 

Senate  bill  No.  12  was  laid  before  the  senate  and 
read  third  time. 

Senator  Stinson  moved  to  amend  by  striking  out 
the  enacting  clause.     Lost. 

The  bill  was  passed  by  the  following  vote :  Yeas 
— 16.  Armistead,  Baker,  Bell,  Burney,  Calhoun, 
Glasscock,  Houston,  Knittel,  Lane,  McDonald,  Mac- 
manus.  Pope,  Simkins,  Upshaw,  Woods,  Woodward. 
Nays — 8.  Allen,  Douglass  of  Grayson,  Field,  Frank, 
Garrison,  Jarvis,  Stinson,  Terrell.  Paired— Senator 
Camp,  who  would  have  voted  yea,  with  Senator  Gregg, 
who  would  have  voted  nay. 

Senator  Allen  gave  notice  uf  intention  to  file 
reasons  for  voting  against  the  bill,  and  Senator  Field 
sent  the  following  to  the  secretary's  desk,  and  asked  its 
insertion  in  the  Journal :  On  '  the  final  passage  of 
Senate  bill  No.  12,  known  as  the  University  bill,  we 
voted  *'no,"  because  the  bill  appropriated  to  the  perma- 
nent fund  of  the  University  |63, 519.41,  and  to  the 
available  University  fund  $154,159.45,  and  in  our  opin- 
ion the  University  has  no  legal  claim  against  the  State, 
but,  has  perhaps,  an  equitable  claim  of  $23,519.41 
permanent  fund  and  $75,270.47  available  fund,  for  the 
appropriation  of  which  amounts  we  would  have  voted 
"yea."  Field, 

Frank, 
Allen, 
Garrison. 

May  12,  Chief  Clerk  Lambert  of  the  house  re- 
ported to  the  senate  that  the  house  had  passed  Senate 
bill  12,  with  a  number  of  amendments. 

Senate  bill  No.  1 2.  An  act  to  repay  the  funds  of 
the  University  of  Texas  divers  amounts  of  money 
drawn  therefrom  by  the  State  of  Texas  for  other  pur- 


THE  UNIVERSITY   OF  TEXAS.  113 

poses  than  those  pertaining  to  the  University,  and  to 
proA'ide  for  the  payment  of  the  interest  due  thereon, 
was  submitted  to  the  senate,  and  on  motion  of  Senator 
Armistead  was  laid  on  the  table  subject  to  call. 

(The  bill  had  already  failed  in  the  house.) 

May  12,  Senator  Jarvis,  as  chairman  of  the 
finance  committee,  reported  a  substitute  for  sundry 
house  bills:  An  act  making  additional  appropriations 
for  the  support  of  the  State  government  and  to  pay 
certain  obligations  of  the  State  incurred  prior  to  March 
1,  1887,  including  as  the  eighth  item  in  the  bill  the  fol- 
lowing: (8.)  As  a  loan  to  the  available  fund  of  the 
University  of  Texas,  to  be  placed  to  the  credit  of  said 
fund,  out  of  the  indemnity  fund  now  in  the  State 
treasury,  and  to  be  repaid  to  the  State  out  of  the  reven- 
ues of  the  University  on  or  before  January  1.  A.  D. 
1900,  the  sum  of  |75,000. 

This  committee  amendment  was,  with  some  of  the 
others,  adopted,  and  the  bill  passed  to  its  third  read- 
ing. 

Oil  motion  of  Senator  Armistead,  the  senate  re- 
fused to  concur  in  the  house  amendments  to  senate  bill 
No.  12,  known  as  the  University  bill,  and  asked  for  a 
free  conference  committee.  The  president  appointed 
Senators  Simkins,  Douglass  of  Jefferson,  Upshaw.  Clai- 
borne and  Woods  on  the  part  of  the  senate. 

A  message  from  the  house  announced  that  the 
house  refused  to  concur  in  the  senate  amendments  ta 
the  substitute  house  bills,  making  additional  appropria- 
tions for  the  support  of  the  State  government,  etc., 
(being  the  bill  including  a  loan  to  the  University)  and 
asked  for  a  free  conference  committee. 

The  committee  of  free  conference  reported  as  fol- 
lows as  to  the  University  appropriation: 

Strike  out  "$75,000"  and  insert  "$125,000"  as  a 
loan  to  the  University  payable  on  or  before  January  1, 
1910,  without  interest,  of  which  the  sum  of  $50,000  is 
hereby  appropriated  and  set  apart  to  be  used  in  the 
construction  of  buildings  for  the  medical  branch  of 
the  University  of  Texas,  at  the  city  of  Galveston ;  pro- 
vided, that  the  said  city  of  Galveston  shall  donate  to 
the  University  of  Texas,  block  No.  668,  in  said  citv,  to 

8— L 


114  THE  UNIVERSITY  OF  TEXAS. 

be  used  for  the  medical  branch  of  said  institution,  and, 
provided  further,  that  the  excutors  of  the  estate  of  John 
Sealy,  deceased,  shall  agree  to  construct  on  said  block, 
at  a  cost  of  not  less  than  $50,000,  a  medical  hospital 
which  when  completed  is  to  be  donated  to  the  medical 
branch  of  the  University  of  Texas  and  to  be  under  the 
control  of  the  Board  of  Regents  of  said  University; 
provided  further  that  this  loan  shall  be  in  full  payment 
and  satisfaction  of  all  claims  of  the  University  of  Texas 
for  moneys  drawn  from  the  University  fund  by  said 
State.  All  of  which  is  respectfully  submitted. 
Jarvis,  Gresham, 

McDonald,  Alexander, 

Glasscock,  Armlstead, 

Lane,  McGehee, 

(Senate  Committee.)     (House  Committee.) 

On  motion  of  ISenator  Jarvis  the  report  of  the 
committee  was  adopted. 

In  the  House,  in  Extra  Session,  the  following 
measures  were  introduced: 

House  bill  No.  4. — Mr.  Hudgins: 

To  repay  to  the  fund  of  the  University  of  Texas 
divers  amounts  of  money  drawn  therefrom  by  the 
State  of  Texas  for  other  purposes  than  those  pertaining 
to  the  University,  and  to  provide  for  the  payment  of 
interest  due  thereon. 

House  bill  No.  7. — Mr.  Gresham: 

Making  an  appropriation  to  pay  to  the  University 
of  Texas  certain  moneys  due  it  by  the  State,  and  ap- 
plying a  portion  of  the  same  for  the  building  of  the 
medical  branch  of  said  University  at  Galveston. 

House  bill  No.  93.— Mr.  McGaughey: 

To  loan  to  the  available  fund  of  the  University  of 
the  State  of  Texas,  one  hundred  thousand  dollars  out 
of  the  indemnity  fund. 

Secretary  Boynton  of  the  senate  announced  to  the 
house  that  the  senate  had  passed  Senate  bill  No.  12: 
An  act  to  repay  the  funds  of  the  University  of  Texas 
divers  amounts  of  money  drawn  therefrom  by  the  State 
of  Texas  for  other  purposes  than  those  pertaining  to 
the  University,  and  to  provide  for  the  payment  of  in- 
terest due  thereon. 


THE  UNIVERSITY  OF  TEXAS.  115 

The  McGaughey  bill  which  proposed  a  loan  of 
$100,000  for  an  indefinite  time  and  without  interest  for 
erecting  University  buildings  at  Austin  was  not  taken 
from  the  calendar. 

The  other  bills  were  reported  and  acted  on  as  fol- 
lows: 

Committee  Room,  Austin,  April  25.  1888. 

Hon.  George  C.  Pendleton,  Speaker  of  the  Hrjuse  of  Rep- 
resentatives. 

Sir — Your  committee  on  education,  to  whom  was 
referred  House  bill  No.  4,  entitled:  An  act  to  repay  to 
the  funds  of  the  University  of  Texas  divers  amounts 
of  money  drawn  therefrom  by  the  State  for  other  pur- 
poses than  those  pertaining  to  the  University,  and  to 
provide  for  the  payment  of  interest  due  thereon,  have 
had  the  same  under  consideration,  and  instruct  me  to 
report  it  back  to  the  House  with  the  recommendation 
that  it  do  pass,  the  right  being  reserved  by  several 
members  of  the  committee  to  oppose  and  vote  against 
any  item  in  the  claim  that  they  considered  not  due, 
and  unjust.     All  of  which  is  respectfully  submitted. 

Page,  Chairman. 

Ml".  Gresham  moved  to  take  up  the  committee's 
substitute  House  bills  Nos.  7,  IS,  30,  47,  50,  53,  and 
substitute  Senate  bills  11  and  20,  a  bill  to  be  entitled 
an  act  making  additional  appropriations  for  the  sup- 
port of  the  State  government  for  the  period  of  time 
beginning  March  1.  1S88,  and  ending  February  28, 
18S9,  and  to  pay  certain  obligations  of  the  State  in- 
curred prior  to  March  1,  1887,  and  have  the  same,  and 
committee  report,  printed  in  the  Journal,  and  made 
the  special  order  from  day  to  day  until  disposed  of  The 
■motion  prevailed,  and  it  was  so  ordered. 

The  University  item  in  the  bill  was  as  follows : 

To  pay  to  the  University  of  Texas  :  ^"E '*    ^'S' 

The  a'nount  borrowed  by  the  State  under  the  act 

of  the  legislature,  approved  January  39,  1861   %  9,786  62 

Interest  on  same  at  6  per  centum  per  annum,  from 

January  29,  1861,  to  May  1.  1888 16,005  16 

The  amount  borrowed  by  the  State  under  the  act 

of  the  legislature,  approved  January  9,  1863 1,530  40 

Interest  on  same  at  6  per  centum  per  annum,  from 

January  9,  1863,  to  May  1,  1888 3,400  00 


116  THE  UNIVERSITY  OF  TEXAS. 

Pernianeut      Availablo 
tnnd.  fnnd. 

The  10  per  cent  interest   bearing  warrants  of  the 

State  "of  Texas  dropped  from  the  credit  of   the 

University  fund  on  the  books  of  the  comptroller 

of  the  State  of  Texas  in  1866 12,330  39 

Interest  on  the  same  from  June  1,   1865,   to  May  1, 

1888 28,280 

The  money  drawn  from  the  University  fund  under 

the  acts  of  the  legislature,  approved  April  29,  1879, 

July  9, 1879,  and  April  I,  1881,  for  the  Prairie  View 

Normal  school 14,495  73 

Interest  on  same  from  April  1,  1881,  to  May  1, 1888. .  6,160  70 

To  pay  the  sum  taken  from  the  University  fund 

May  30, 1863 40,000  00 

The  sum  of  fifty  thousand  dollars  of  the  available 
portion  of  the  money  hereby  appropriated  to  the  Uni- 
versity of  Texas,  be,  and  the  same  is  hereby  appropri- 
ated and  set  apart  to  be  used  in  the  construction  of 
buildings  for  the  medical  brancli  of  the  University  of 
Texas  at  Galveston;  provided,  that  the  said  city  of  Gal- 
veston shall  donate  to  the  University  of  Texas  block 
No.  668  in  said  city,  to  be  used  for  the  medical  branch 
of  said  institution;  and  provided  further,  that  the 
executors  of  the  estate  of  John  Sealy,  deceased,  shall 
agree  to  construct  on  said  block,  at  a  cost  of  not  less 
than  fifty  thousand  dollars  ($50,000)  a  medical  hospital 
which,  when  completed,  is  to  be  donated  to  the  medical 
branch  of  the  University  of  Texas,  and  to  be  under 
the  control  of  the  board  of  regents  of  said  University ; 
provided,  that  the  allowance  of  the  above  and  fore- 
going claims  to  the  University  is  hereby  declared  to  be 
in  full  satisfaction  of  the  claims  of  said  University 
against  the  State. 

The  speaker  laid  before  the  house  for  its  consider- 
ation, House  bill  No.  4:  A  bill  to  be  entitled  an  act  to 
repay  to  the  University  of  Texas  divers  amounts  of 
money  drawn  therefrom  b}  the  State  of  Texas  for 
other  purposes  than  those  pertaining  to  the  University, 
and  to  provide  for  the  payment  of  interest  due  thereon. 

The  question  being  on  the  second  reading  of  the 
bill,  Mr.  Steele  moved  that  the  absentees,  under  the 
call  of  the  house,  be  excused,  and  the  yeas  and  nays 
being  called,  the  motion  was  lost  by  the  following 
vote:     Yeas,  42;  Nays,  30;  Absent,  7;  Excused,  4. 

Mr.  Buchanan  moved  to  postpone  indefinitely  the 
further   consideration    of  the    pending   bill,    and   Mr. 


THE  UNIVERSITY  OF  TEXAS.  nr 

Alexander  moved  to  amend  Mr.  Buchanan's  motion  by- 
laying  the  bill  on  the  table  subject  to  call.  Mr.  Buch- 
anan accepted  Mr.  Alexander's  amendment. 

Mr.  Bell  of  Cooke,  moved  to  amend  the  motion 
by  setting  the  bill  as  a  special  order  for  May  7,  and 
from  day  to  day  thereafter  until  disposed  of.     Carried. 

Mr.  Page,  chairman  of  the  committee  on  educa- 
tion, submitted  the  following  report: 

Committee  Room,  Austin,  May  5,  1888. 
Hon.  Geo.  G.  Pendleton.  Speaker  of  the  House. 

Sir: — Your  committee  on  education,  to  whom  was 
referred  Senate  bill  No.  12,  entitled:  An  act  to  repay 
the  funds  of  the  University  of  Texas  divers  amounts 
of  money  drawn  therefrom  by  the  State  of  Texas  for 
other  purposes  than  those  pertaining  to  the  University, 
and  to  provide  for  the  payment  of  the  interest  thereon, 
have  had  the  same  under  consideration,  and  instruct 
me  to  report  it  back  to  the  house  with  the  recommen- 
dation that  it  do  pass.  All  of  which  is  respectfully  sub- 
mitted. Page,  Chairman. 

The  speaker  laid  before  the  house  for  its  consider- 
ation House  bill  No.  4:  An  act  to  repa}-  to  the  funds 
of  the  University  of  Texas  divers  amounts  of  money 
drawn  therefrom  by  the  State  for  other  purposes  than 
those  pertaining  to  the  University,  -and  to  provide  for 
the  payment  of  interest  due  thereon. 

The  question  being  on  the  second  reading  of  the 
bill,  as  special  order,  Mr.  Hudgins  moved  that  the  spec- 
ial order  be  postponed  and  that  Senate  bill  No  12, 
above  reported,  be  taken  up  and  substituted  for  House 
bill  No.  4.     Carried. 

Mr.  Booth  of  Wise,  moved  that  the  house  go  into 
the  committee  of  the  whole  for  the  further  considera- 
tion of  the  bill.  The  motion  prevailed  and  the  speaker 
called  Mr.  Booth  to  the  chair. 

After  due  consideration,  the  committee  of  the 
whole  house  arose,  and  through  its  chairman,  sub- 
mitted the  following  report : 

Committee  Room,  Austin,  May  5,  1883. 
Hon.  George  G.  Pendleton,  Speaker  of  the  House  of  Rep- 
resentatives. 

Sir — Your  committee  of  the  whole  house,  to  whom 


118  THE  UNIVERSITY  OF  TEXAS. 

was  referred  Senate  bill  No.  1 2,  after  duly  considering 
the  same,  instruct  me  to  report  it  back  to  the  house,, 
with  the  following  amendments:  Amend  by  adding 
after  the  items  |1,520.40,  the  following  amount  trans- 
ferred to  the  general  revenue  by  the  comptroller,  May 
30,  A.  D.  1863,  125,500.  Amend  line  12,  by  striking 
out  $63,519.41,  and  insert  |49,5]  9.41.  Your  committee 
ask  leave  to  sit  again.         Booth  of  Whe,  C-hairman. 

The  committee  of  the  whole  finally  reported,  with 
recommendation  that  the  bill  do  pass,  with  the  follow- 
ing committee  amendments : 

Amend  line  5,  section  2,  by  striking  out  "eight" 
and  insert  "six,"  and  insert  "|2,400." 

Amend  line  4,  section  2,  by  striking  out  "eight" 
and  insert  "six,"  making  the  sum  total  $16,005.16. 

Amend  by  striking  out  lines  7  and  8,  of  section  2. 

Amend  by  striking  out  in  lines  12  and  13,  section,. 
2,  "$131,449.46,"  in  figures  and  words,  and  insert  "46,- 
433.16." 

Strike  out "  Together  with  interest  thereon  at  8  per 
cent  from  April  1,  A.  D.  1881,  to  May  J,  A.  D.  1888, 
amounting  to  $8,214.26." 

Amend  section  2,  by  adding  after  the  word 
"together,"  in  line  ]8,  page  2,  the  following:  "With 
interest  thereon  at  the  rate  of  6  per  cent  per  annum 
from  April  1,  1881,  to  May  1,  1888,  amounting  to  the 
sum  of  $6,160.70,"  and  strike  out  all  of  lines  21  and 
22,  and  to  the  word  "cents,"  in  line  23. 

Amend  by  adding  to  the  end  of  section  3  :  Pro- 
vided, that  the  payment  and  satisfaction  of  the  several 
items  of  debt,  here  recognized  and  discharged,  will  be 
a  perpetual  and  final  bar  to  any  and  all  future  claims 
of  the  University  of  the  State  of  Texas,  for  moneys 
drawn  from  the  University  funds  prior  to  the  year  A. 
D.  1866. 

ximend  by  adding  section  3,  to  read  as  follows: 
Section  3— The  sum  of  $50,000  of  the  available  por- 
t  on  of  the  money  hereby  appropriated  to  the  Uni- 
versity of  Texas  be,  and  the  same  is  hereby,  appropri- 
ated and  set  apart  to  be  used  in  the  construction  of 
6  uildings  of  the  medical  branch  of  the  University  of 
Texas  at  the  city  of  Galveston;  provided,  that  the  said 


THE  UNIVERSITY  OF  TEXAS.  119 

city  of  Galveston  shall  donate  to  the  University  of 
Texas,  block  No.  668,  in  said  city,  to  be  used  for  the 
medical  branch  of  said  institution;  and  provided  fur- 
ther, that  the  executors  of  the  estate  of  John  Sealy, 
deceased,  shall  agree  to  construct  on  said  block,  at  a 
cost  of  not  less  than  fifty  thousand  dollars,  a  medical 
hospital,  which,  when  completed,  is  to  be  donated  to 
the  medical  branch  of  the  University  of  Texas,  and  ta 
be  under  the  control  of  the  board  of  regents  of  said 
University. 

Amend  section  2  by  adding  after  the  word  together 
in  line  18,  page  2  the  following.  With  interest  thereon 
at  the  rate  of  6  per  cent  per  annum  from  April  1,  1881 
to  May  1 ,  1 888,  amounting  to  the  sum  of  six  thousand 
one  hundred  and  sixty  dollars  and  seventy  cents,  and 
strike  out  all  of  lines  21,  22,  and  to  the  word  cents  in 
line  23. 

The  speaker  announced  that  the  pending  business 
on  adjournment  was  the  consideration  of  substitute 
Senate  bill  No.  12,  for  House  bill  No.  4. 

Mr.  Johnson  offered  the  following  amendment  to 
section  2  of  the  bill:  Amend  section  2  of  the  bill  by 
striking  out  the  words  ''available  University  fund,"  and 
insert  therefor  the  words  "'permanent  University 
fund."  Provided,  that  the  amount  of  fourteen  thous- 
and four  hundred  and  ninety-five  dollars  and  seventy- 
three  cents,  the  amount  paid  to  the  Prarie  View  Nor- 
mal School,  be  paid  back  to  the  available  fund  of  the 
University. 

The  question  recurring  on  Mr.  Johnson's  amend- 
ment, and  the  yeas  and  nays  being  demanded  the 
amendment  was  lost  by  the  following  vote.  Yeas — 18, 
Nays — 74,  Absent — 5,  Excused — 7. 

Mr.  Utiger  offered  the  following  amendment: 
Strike  out  "permanent  University  fund"  and  insert 
"available  University  fund"  wherever  it  occurs.     Lost. 

Mr.  Hudgins  offered  the  following  amendment: 
Strike  out  the  entire  item  relating  to  amount  trans- 
ferred to  general  revenue  by  the  comptroller  on  May 
30,   1863. 

Mr.  Steele  offered  the  following  substitute  for  the 
pending  amendment:    Amend  section  1  by  striking  out 


120  THE  UNIVERSITY  OF  TEXAS. 

in  line  7,  the  amount  $25,000  and  insert  in  lieu  thereof 
$5.00.  The  speaker  ruled  the  substitute  for  the  amend- 
ment out  of  order. 

The  question  then  being  the  adoption  of  the 
amendment  offered  by  Mr.  Hudgins,  the  amendment 
was  adopted. 

Mr.  Bell  of  Cooke  offered  the  following  substitute 
for  the  pending  bill  and  amendments: 

A  bill  to  be  entitled:  An  act  to  compensate  the 
available  University  fund  for  moneys  heretofore  used 
by  the  State  for  various  purposes,  and  all  claims  for 
moneys  and  lands  heretofore  used  by  the  State. 

Section  1.  Be  it  enacted  by  the  legislature  of  the 
Slate  of  Texas,  that  the  sum  of  one  hundred  thousand 
dollars  of  the  indemnity  fund  received  from  the  United 
States  government  in  the  j^ear  of  i^H^,  be,  and  the 
same  is  hereby  loaned  to  the  available  University  fund, 
said  fund  to  be  used  in  the  erection  of  necessary  build- 
ings and  purchasing  necessary  apparatus  and  books  for 
the  use  of  the  University  at  Austin,  Texas.  Said  loan 
te  be  paid  back  to  the  State  at  such  time  as  the  avail- 
able University  fund  may  be  able  to  do  so,  as  the  law 
may  direct.  This  loan  is  made  as  a  compromise  and 
satisfaction  of  all  claims  for  monej^s  or  lands  or  the 
proceeds  thereof  heretofore  used  by  the  State  for  any 
purpose,  which  belonged  to  the  University,  and  the  ac- 
ceptance of  the  moneys  herein  appropriated  or  any 
part  thereof  shall  be  a  full  and  final  settlement  of  all 
such  demands. 

The  question  being  the  adoption  of  the  substitute 
for  the  pending  bill  and  amendment,"  Mr.  Prender- 
gast  moved  that  the  pending  bill  and  amendments  and 
the  substitute  bill  offered  by  Mr.  Bell  of  Cooke,  be  re- 
ferred to  a  special  committee  of  five  members,  with 
instructions  to  report  immediately  on  the  same. 

The  question  then  recurring  on  Mr.  Prendergast's 
motion  to  refer  the  pending  bill,  amendments  and  sub- 
stitute to  a  special  committee,  Mr.  Prendergast  with- 
drew his  motion  to  recommit,  and  the  question  recur- 
ring on  the  adoption  of  Mr.  Bell's  substitute  for  the 
pending  bill  and  amendments,  the  substitute  was  lost. 

Mr.  Johnson  offered  the  following  substitute   for 


THE  UNIVERSITY  OF  TEXAS.  121 

the  pending  bill  and  amendments — A  bill  to  be  entit- 
led: An  act  to  provide  for  a  loan  out  of  the  general 
revenue  to  the  available  Universit\^  fund,  and  to  pro- 
vide for  the  repayment  thereof. 

Section  1 .  Be  it  enacted  by  the  legislature  of  the 
State  of  Texas:  That  the  sum  of  one  hundred  thous- 
and dollars  be  and  the  same  is  hereby  advanced  out  of 
the  general  revenue  fund  to  the  available  University 
fund:  The  said  amount  shall  be  considered  as  a  loan 
to  said  fund,  and  shall  be  repaid  out  of  the  available 
University  fund,  without  interest,  on  or  by  the  1st  day 
of  January,  (1903),  nineteen  hundred  and  three,  and 
the  regents  of  said  University  shall  make  provision 
therefor,  and  the  same  shall  not  be  offset  by  any  claims 
heretofore  presented  to  the  legislature  for  payment. 

Section  "l.  The  near  approach  of  the  end  of  the 
session,  and  the  fact  that  the  Universit}^  is  in  immedi- 
ate need  of  funds,  creates  an  emergency  that  the  con- 
stitutional rule  requiring  bills  to  be  read  on  three  sev- 
eral days  be  suspended,  and  that  this  bill  take  effect  on 
and  after  its  passage,  and  it  is  so  enacted. 

The  question  being  the  adoption  of  the  substitute 
bill  for  the  pending  bill  and.  amendment,  Mr.  Mills 
moved  the  previous  question  on  the  substitute,  which 
was  duly  seconded  and  the  previous  question  was  or- 
dered. 

The  question  then  being  the  adoption  of  the  sub- 
stitute bill,  and  the  yeas  and  nays  being  demanded, 
the  substitute  was  lost  by  the  following  vote:  Yeas — 
22,  Nays— 68,  Absent— f),  Excused — 7.  Paired,  Mr. 
Graves  with  Mr.  'Chrisenberry,  who  would  have  voted, 
the  former,  yea,  the  latter,  nay. 

Mr.  Mills  moved  the  previous  question  on  the  pas- 
sage of  the  bill  to  a  third  reading,  which  was  duly 
seconded,  and  the  previous  question  was  ordered. 

The  question  being  the  passage  of  the  bill  to  a 
third  reading,  and  the  yeas  and  nays  being  called,  the 
bill  was  passed  by  the  following  vote  : 

Yeas — 65.  Alexander,  Baird  of  Brown,  Biard  of 
Lamar,  Bassett*,  Battle,  Baylor,  Bell  of  Denton,  Blair, 

*  Messrs.  Bassett  of  Grimes  county,   and   Moore   of  Washington 
•ounty,  were  the  only  colored  members  of  the  Twentieth  lesislature. 


122  THE  UNIVERSITY   OF  TEXAS. 

Booth  of  Wise,  Bransford,  Browning,  Bryan,  Buch- 
anan, Camp,  Clark  of  Red  River,  Clark  of  Uvalde, 
Clegg,  Cone,  Davis  of  Falls,  Davis  of  Shelby.  Dolen, 
Ellison,  Faubion,  Fuller,  Garner,  Garwood,  Gresham, 
Groce,  Harrison,  Heath,  Hudgins,  Huling,  Humphreys, 
Kirlicks,  Kennedy,  Larkin,  Latham.  Light.  McCaleb, 
Matejowsky,  McGaughe3%  McGehee,  McGuire,  McKin- 
ney,  Melson,  Milner  Moore  of  Travis,  Moore  of  Wash- 
ington, Newton  of  Cherokee,  Northington,  Payne, 
Pope,  Richardson,  Robinson,  Sadler,  Shelburne.  Smith 
of  Travis,  Staples,  Strong,  Tate,  Utiger,  Waskom,  What- 
ley,  Williamson,  Woolsey. 

Nays — 26.  Chapman,  Curry,  (jilleland,  Hargis,, 
Jackson,  Johnson,  Jones,  McClanahan,  Mills,  Newton 
of  Tarrant,  Nicholson,  Page,  Parks,  Patterson,  Pren-^ 
dergast,  Rugel,  Shiela,  Skinner,  Smith  of  Bosque, 
Steele,  Tolbert.  Tompkins,  Voorhees,  Wilson,  Wood, 
Wright. 

Absent — 4.  Bell  of  Cooke,  Goeth,  Hunt,  Sharp. 
Excused — 5.  Parker.  Showalter,  Latimer,  Stringer,. 
Truitt.  Mr.  Booth  of  Gonzales,  was  paired  with  xMr. 
Gill.  Mr.  Booth  would  vote  aye,  Mr.  Gill  would  vote 
nay.  Mr.  Chrisenberry  was  paired  with  Mr.  Graves. 
Mr.  Chrisenberry  would  vote  aye,  Mr.  Graves  would 
vote  nay. 

We  vote  na}^  on  the  University  bill,  because  the 
enactments  are  in  violation  of  law  in  this,  that  the 
ordinances  of  the  constitution  of  1866  declare  that  the 
sum  named  in  the  bill  should  not  be  paid,  and,  be- 
cause the  State  has  discharged  her  moral  obligation 
to  the  University  by  donating  1,000,000  acres  of  public 
land  and  $264,000  cash,  in  addition  to  the  endowment 
originally  given ;  and  which  donation  amounts  to  more 
than  the  aggregate  of  the  sums  claimed  by  the  Univer- 
sity as  being  unpaid  by  the  State.  The  University  is- 
not  as  much  in  need  of  assistance  as  the  people  are  for 
relief  from  taxation.  Jalkson, 

Voorhees, 
Skinnek. 

The  speaker  laid  before  the  house  for  its  consider- 
tion  substitute  house  bills  Nos.  7,  18,  30,  47,  50,  53  and 
substitute  senate  bills  Nos.  11  and  20,  a  bill  to  be  enti 


THE  UNIVERSITY  OF  TEXAS.  123 

tied  an  act  making  additional  appropriations  for  the 
support  of  the  State  government  for  the  period  of  time 
beginning  March  1,  1888,  and  ending  February  28, 
1889,  and  to  pay  certain  obligations  of  the  State  in- 
curred prior  to  March  1.  1887,  the  special  order  for  the 
hour. 

The  question  being  on  the  adoption  of  the  substi- 
tute reported  by  the  senate  committee,  it  was  adopted. 

Mr.  Gresham  moved  that  the  house  go  into  the 
committee  of  the  whole  on  the  further  consideration  of 
the  bill.  The  motion  prevailed,  and  the  speaker  called 
Mr.  Alexander  to  the  chair. 

After  due  consideration  the  committee  of  the 
whole  house  arose  and  reported  with  accompanying 
amendments,  and  asked  leave  to  sit  again. 

The  speaker  called  Mr.  Browning  to  the  chair,  the 
house  being  again  in  committee  of  the  whole,  and  after 
due  consideration  recommended  that  the  bill  pass  with 
amendments  reported.  None  of  the  amendments 
related  to  the  Universit3^ 

The  speaker  being  in  the  chair,  Mr.  Bell  of  Cooke 
moved  for  a  division  of  the  amendments  adopted  in 
the  committee  of  the  whole  house  and  the  motion  pre- 
vailed 

Mr.  Bell  of  Cooke  moved  a  call  of  the  house  on 
the  amendment  relative  to  the  appropriation  of  $15,- 
000  for  the  Orphans'  Asylum  at  Corsicana,  but  fail- 
ing to  receive  the  constitutional  second  the  motion  was 
lost. 

Mr.  Voorhees  offered  the  following  amendment  to 
the  amendment  of  the  committee  of  the  whole  house, 
relative  to  the  appropriation  of  $25,000  for  the  Prairie 
View  Normal  School:  Amend  page  4,  lines  2  and  3, 
by  striking  out  $25,000,  and  inserting  $15,000. 

The  speaker  ruled  the  amendment  of  Mr.  Voor- 
hees out  of  order,  and  the  question  then  being  the 
adoption  of  the  committee  amendment,  and  the  yeas 
and  nays  being  called,  the  amendment  was  adopted  by 
the  following  vote:  Yeas — 59,  Nays- -30,  Absent — 9, 
Excused — 6. 

The  house  having  adopted  all  of  the  amendments 
of  the  committee  of  the  whole  to  substitute  House  bill 


134  THE   UNIVERSITY   OF  TEXAS. 

Nos.  7,  18,  30,  47,  50  and  53  and  substitute  Senate  bills 
Nos.  11  and  20,  a  bill  to  be  entitled,  An  act  making 
additional  appropriations  for  the  support  of  the  State 
government  for  the  period  of  time  beginning  March  1, 
1888,  etc.,  the  speaker  announced  the  question  to  be  the 
passage  of  the  bill  to  engrossment,  and  the  yeas  and 
nays  being  called,  the  bill  passed  to  engrossment  by 
the  following  vote.  Yeas — 79,  Nays — 15,  xAbsent — 4, 
Excused— 5. 

Mr.  Steele  moved  that  tne  constitutional  rule  re- 
quiring bills  to  be  read  on  three  several  days  be  sus- 
pended, and  that  the  bill  be  placed  on  its  third  reading 
and  final  passage.  The  yeas  and  nays  being  called, 
the  motion  prevailed  and  the  rules  were  suspended. 
Yeas — 78,  Nays — 13,  Absent — 6,  Excused — 6. 

The  question  then  recurring  on  the  final  passage 
of  the  bill,  and  the  yeas  and  nays  being  called,  the 
bill  passed  by  the  following  vote: 

Yeas — 74.  Alexander,  Baird  of  Brown,  Biard  of 
Lamar,  Bassett,  Baylor,  Bell  of  Denton,  Blair,  Booth  of 
Gonzales,  Booth  of  Wise,  Browning,  Bryan,  Buchanan, 
Oamp,  Clark  of  Red  River  Clark  of  Uvalde,  Clegg, 
Cone,  Davis  of  Shelby,  Dolen,  Ellison  Faubion,  Fuller, 
Garner,  Garwood,  Gilleland,  Goeth,  Gresham,  Groce, 
Heath,  Hudgins,  Huling,  Humphreys,  Hunt,  Jackson, 
Johnson.  Kennedy,  Kirlicks,  Larkin,  Latham,  Light, 
Motejowsky,  McCaleb,  McClanahan,  McGaughey,  Mc- 
Gehee,  McGuire,  McKinney,  Mills,  Milner,  Moore  of 
Washington,  Newton  of  Cherokee,  Nicholson,  Parks, 
Payne,  Pope,  Prendergast,  Richardson,  Robinson,  Sad- 
ler, Sharp.  Shelburn,  Smith  of  Bosque,  Smith  of 
Travis,  Staples,  Steele,  Stringer,  Strong,  Tate,  Utiger, 
Voorhees,  Waskom,  Whatley,  Williamson,  Woolsey. 

Nays — 17.  Bell  of  Cooke,  Bransford,  Chapman, 
Curr}^  Hargis,  Harrison,  Jones,  Melson,  Newton  of 
Tarrant,  Page,  Rugel,  Shield,  Skinner,  Tolbert,  Wilson, 
Wood  Wright. 

Absent — 7.  Battle,  Chrisenberry,  Davis  of  Falls, 
Moore  of  Travis,  Northington,  Patterson,  Tompkins. 

Excused  6.  Gill,  Graves,  Latimer,  Parker,  Show- 
alter,  Truitt. 

I  vote  nay  on  this  bill  because  it  contains   some 


THE  UNIVERSITY  OF  TEXAS.  125 

items  not  necessary  for  the  economical  administration 
of  the  government.  Wood. 

We  vote  nay  on  the  appropriation  bill  because  we 
believe  a  part  of  the  bill  makes  extravagant  appropria- 
tions not  warranted  by  law  and  facts. 

Chapman, 

Jones, 

Melson. 

Mr.  Harrison  for  the  committee  on  engrossed  bills, 
reported  the  bill  correctly  engrossed. 

Mr.  Browning,  speaker  pro  tem.,  signed  in  the 
presence  of  the  house.  House  bill  No.  1:  A  bill  to  be 
entitled  an  act  to  reduce  taxation  for  general  revenue 
purposes,  and  laid  before  the  house  for  its  consideration 
substitute  Senate  bill  No.  12  for  House  bill  No.  4: 

An  act  to  repay  the  funds  of  the  University  of 
Texas  divers  amounts  of  money  drawn  therefrom  by 
the  iState  of  Texas  for  other  purposes  than  those  per- 
taining to  the  University,  and  to  provide  for  the  pay- 
ment of  the  interest  due  thereon. 

The  question  then  recurring  on  the  final   passage 
of  the  bill,  and  the  yeas  and  nays  being  called,  the  bill 
was  passed  by  the  following  vote: 
Yeas~60. 


Alexander, 

Kennedy, 

Baird  of  Brown, 

Kirlicks, 

Biard  of  Lamar, 

Larkin, 

Basset, 

Latham, 

Baylor, 

Blair, 

Browning, 

Light, 

Matejowskv, 
McCaleb,  " 

Bryan, 

Buchanan, 

McGaughey, 
McGehee, 

Camp, 

Chrisenberry, 
Clark  of  Red  River, 

McGuire, 

McKinne}^, 

Melson, 

Clark  of  Uvalde, 

Milner, 

Clegg, 

Moore  of  Washington, 

Cone, 

Newton  of  Cherokee, 

Davis  of  Falls, 

Northington, 

iJavis  of  Shelby, 
Dolen, 

Payne, 
Richardson, 

126 


THE  UNIVERSITY  OF  TEXAS. 


Faubion, 

Fuller, 

Garner, 

Garwood. 

Gilleland, 

Gresham, 

Harrison, 

Heath, 

Hudgins, 

Huling, 

Humphreys, 

Nays— 28. 
Bell  of  Cooke, 
Bransford, 
Chapman, 
Curry, 
Graves, 
Hargis , 
Jackson, 
Johnson, 
Jones, 

McClanahan, 
Mills, 

Newton  of  Tarrant, 
Nicholson. 
Parks, 


Robinson, 

Sadler, 

Sharp, 

Shelburne, 

Stringer, 

Strong, 

Utiger, 

Waskom, 

Whatley, 

Williamson, 

Woolsey. 

Page, 

Patterson, 

Prendergast, 

Rugel, 

Shield, 

Skinner, 

Smith  of  Bosque, 

ki^teele, 

Tolbert, 

Tompkins, 

Voorhees, 

Wilson, 

Wood , 

Wright. 


Absent — 3.  Bell  of  Denton,  Tate,  Staples.  Ex- 
cused— 10.  Battle,  Ellison,  Groce,  Latimer,  Moore  of 
Travis,  Parker,  Pope,  Showalter,  Smith  of  Travis, 
Truitt. 

Mr.  Booth  of  Gonzales  paired  with  Mr.  Gill.  Mr. 
Booth  would  vote  yea;  Mr.  Gill  would  vote  nay.  Mr. 
Goeth  paired  with  Mr.  Hunt.  Mr.  Goeth  would  vote 
yea,  and  Mr.  Hunt  Avould  vote  nay. 

The  speaker  laid  before  the  house  for  its  consider- 
ation substitute  House  bills  Nos.  7,  18,  30,  47,  50,  53, 
and  substitute  Senate  bills  1 1  and  20,  a  bill  to  be  en- 
titted:  An  act  making  additional  appropriations  for 
the  support  of  the  State  government  for  the  period  of 
time  beginning  March  1,  188S,  and  ending  February 
28,  1889,  and  to  pay  certain  obligations  of  the  State 


THE  UNIVERSITY  OF  TEXAS.  127 

incurred  prior  to  March  1,  1887,  with  senate  amend- 
ments. 

Mr.  Gresham  moved  that  the  house  do  not  con- 
cur in  the  senate  amendments  and  that  a  free  confer- 
ence committee  of  five  members  of  the  house  be  ap- 
pointed to  confer  with  a  like  committee  from  the  sen- 
ate. 

The  motion  prevailed  and  Speaker  Pendleton  ap- 
pointed the  committee  on  the  part  of  the  house. 

[privileged  report.] 

Mr.  Gresham  for  the  free  conference  committee  on 
House  bills  Nos.  7,  18,  30,  47,  50  and  53  and  substitute 
Senate  bills  Nos.  11  and  20,  submitted  the  following 
report : 

Committee  Room,  Austin,  May  15,  1888. 

Hon.  T.  B.  Wheeler,  President  of  the  Senate,  and  Hon. 
George  C.  Pendleton,  Speaker  of  the  House  of  Repre- 
sentatives. 

Sir — Your  committee  of  free  conference,  to  whom 
was  referred  the  differences  between  the  two  houses  on 
substitute  House  bills  Nos.  7,  18,  30,  47,  50  and  53,  and 
substitute  Senate  bills  Nos.  11  and  20,  entitled: 

An  act  making  additional  appropriations  for  the 
support  of  the  State  government  for  the  period  of  time 
beginning  March  1,  1888,  and  ending  February  28, 
1889,  and  to  pay  certain  obligations  of  the  State  in- 
curred prior  to  March  1,  18s7,  have  had  the  same  un- 
der consideration  and  beg  to  report  as  follows: 

The  senate  recedes  from  its  amendment  in  refer- 
ence to  the  reformatory. 

The  Senate  quarantine  amendment  is  concurred  in. 

The  senate  amendment  for  moving  to  the  new 
<?apitol  is  concurred  in. 

The  senate  amendment  paying  county  clerks,  to  be 
amended  to  read  "ten  cents  per  hundred  to  be  paid  out 
of  school  fund." 

The  senate  amendment  paying  officers  in  escheated 
cases  and  senate  amendment  to  purchase  library  for 
consultation  room  to  be  concurred  in. 

Strike  out  $75,000  and  insert  |125,000  as  a  loan  to 


128  THE  UNIVERSITY  OF  TEXAS. 

the  University,  payable  on  or  before  January  1,  1910. 
without  interest,  of  which  the  sum  of  |50,000  is  hereby 
appropriated  and  set  apart  to  be  used  in  the  construc- 
tion of  buildings  for  the  medical  branch  of  the  Uni- 
versity of  Texas,  at  the  city  of  Galveston ;  provided 
that  the  said  city  of  Galveston  shall  donate  to  the  Uni- 
versity of  Texas  block  No.  668,  in  said  city,  to  be  used 
for  the  medical  branch  of  said  institution,  and  pro- 
vided further,  that  the  executors  of  the  estate  of  John 
Sealy,  deceased,  shall  agree  to  construct  on  said  block, 
at  a  cost  of  not  less  than  $50,000,  a  medical  hospital, 
which,  when  completed,  is  to  be  donated  to  the  medical 
branch  of  the  Universit}'  of  Texas,  and  to  be  under  the 
control  of  the  board  of  regents  of  said  University;  pro- 
vided further  that  the  loan  shall  be  in  full  payment 
and  satisfaction  of  all  claims  of  the  University  of 
Texas,  against  the  State  of  Texas  for  moneys  drawn 
from  the  University  fund  by  said  State. 

Strike  out  |6,500  for  land  office,  and  insert  $3,000 
for  repairs  of  building,  and  that  the  house  concur  in 
the  eighth  senate  amendment. 

All  of  which  is  respectfully  submitted. 

Jar  vis,  Gresham, 

McDonald,  Alexander, 

Glasscock,  Prendergast, 

Lane,  Nicholson, 

Armistead,  McGehee, 

(For  the  Senate.)  (For  the  House.) 

Mr.  Hudgins  moved  that  the  report  of  the  free 
conference  committee  be  adopted,  and  Mr.  Mills  moved 
the  previous  question  on  the  adoption  of  the  free  con- 
ference committee's  report,  which  prevailed,  and  the 
main  question  was  ordered. 

The  question  then  being  the  adoption  of  the  free 
conference  committee's  report,  and  the  yeas  and  nays 
being  called  the  report  was  adopted  by  the  following 
vote: 

Yeas— 69. 

Alexander,  Kirlicks, 

Baird  of  Brown,  Latham, 

Biard  of  Lamar,  Light, 

Bassett,  Matejowsky, 


THE  UNIVERSITY  OF  TEXAS. 


129 


Baylor, 

McCaleb, 

Jiell  of  Denton, 

McClanahan, 

Blair, 

McGaughey, 

Booth  of  Gonzales, 

McGehee, 

Browning. 

McGuire, 

Bryan, 

Melson, 

Buchanan, 

Milner, 

Camp, 

Moore  of  Travis, 

■Ch  risen  berry, 

Moore  of  Washington, 

Clark  of  Red  River, 

Newton  of  Cherokee, 

Clark  of  Uvalde, 

Nicholson, 

CI  egg. 

Northington, 

Cone, 

Payne, 

Curry, 

Pope, 

Davis" of  Falls, 

Prendergast, 

Davis  of  Shelby, 

Richardson. 

Dolen, 

Robinson, 

Ellison, 

Sadler, 

Faubion, 

Sharp, 

Fuller, 

Shelburne, 

Garner, 

Showalter, 

•Garwood, 

Smith  of  Travis, 

'Oilleland, 

Stringer, 

Goeth, 

Strong, 

Gresham, 

Tate, 

Harrison, 

Utiger, 

Heath, 

Waskom, 

Hudgins, 

Whatley, 

Huling. 

Williamson, 

Jackson, 

Woolsey, 

Kennedy. 

Nays- 

-24. 

Bell  of  Cooke. 

Patterson, 

Bransford, 

Rugel, 

Chapman, 

Shield, 

Graves, 

Skinner, 

Hargis. 

Smith  of  Bosque, 

Hunt, 

Steele, 

Johnson, 

Tolbert, 

Jones, 

Tompkins, 

Mills, 

Voorhees, 

130  THE  UNIVERSITY  OK  TEXAS. 

Newton  of  Tarrant,  Wilson, 

Page,  Wood, 

Parks,  Wright, 

Absent — 4.      Battle,   Hiiin|jhreys,  McKinney  and 
Staples.      Excused  — 7.     Bootli    of   Wise,   Gill,  Groce,. 
Larkin,  Latimer,  Parker,  Truitt. 

The  bill  recommended  by  the  free  conference 
committee  passed  and  was  signed  by  the  speaker  of  the 
house. 

QUESTION    OF    CONFEDERATE    MONEY. 

In  connection  with  the  report  of  the  regents  as  to- 
the  Universit}'  claims  presented  in  the  correspondence 
with  Governor  Koss,  it  is  due  to  them  to  explain  that 
the  statement  was  rendered  in  compliance  with  the  re- 
quest of  the  governor  to  show  the  full  extent  to  which 
the  State  had  used  University  funds,  rather  than  with 
any  expect.ition,  or  as  a  demand,  as  some  of  the  mem- 
bers of  the  legislature  intimated,  that  the  State  should 
allow  all  the  items,  with  interest,  especially  the  large 
amount  |138,<j87.53  interest  on  the  Confederate  notes 
turned  over  to  the  Confederate  States  depository.  As- 
the  State,  however,  had  sold  University  lands  tor  the 
Confederate  money,  so  that  the  University  was  deprived 
of  the  land,  the  amount  w^as  as  justl}  due,  so  far  as  the 
University  was  concerned,  as  if  the  land  had  been  sold 
for  specie,  as  the  money  served  the  purposes  of  the 
State,  and  the  University  was  not  even  organized  to  be 
in  any  way  concerned  with  the  war.  Still  the  argu- 
ment^ was  made  that  the  acts  of  reconstruction 
prohibited  the  State  from  paying  any  debt  involving 
Confederate  money. 

THE    UNIVERSITY    CLAIMS. 

In  noticing  the  University  claims,  the  San  Antonio 
Express  thus  argued  the  question  of  allowing  them:: 
"Among  the  items  of  the  University  claims  is  one  for 
forty  thousand  dollars  of  University  funds,  which,  as 
shoAvn  by  the  comptroller's  books,  was  transferred  to 
State  revenue  account,  .May  30,  1.S63,  with  this  note  of 
entry:  'This  amount  is  tiansferred  by  order  of  the 
comptroller.'      As  far  as  known,    there    was  no   other 


HIE   UNIVERSITY  OF  TEXAS.  i;n 

authority  for  the  tninslor.  and  for  this  reason  some 
members  of  the  house  contend  that  the  money  should 
not  be  refunded  to  the  University,  and  the  University 
bills,  while  allowing  |-25,500  of  the  .f40,000,  disallows 
any  interest,  which,  as  the  claim  happens  to  be  an  old 
one,  amounts  to  1|74,H00. 

"The  reason  assigned  for  reducing  the  amount  of 
the  principal  is  that  only  $25,500  is  actually  shown  to 
have  been  used  by  the  ^tate;  but  as  the  the  whole 
amount  |40,000,  was  transfered  to  the  State  fund,  it  is 
very  properly  claimed  that  the  tState  is  responsible  to 
the  University  to  the  full  amount,  no  matter  what  use 
the  State  made  of  the  money  or  any  part  of  it,  as  the 
transfer  was  the  act  of  the  comptroller,  whose  acts  are 
constructively  the  acts  of  the  State.  The  law  as  to  the 
act  of  an  agent,  exceeding  his  authority,  not  binding 
the  principal,  does  not  apply,  for  the  comptroller  is 
something  more  than  a  mere  agent.  He  is  part  and 
parcel  of  the  State's  governmental  entity,  a  bonded  offi- 
cer of  the  government  whose  acts  and  bond  bind  him 
for  the  State's  protection  and  its  faithful  guardianship 
of  such  interests,  especially  fiduciary  trusts,  as  the  State 
is  bound  to  protect.  His  acts  in  the  range  of  his  de- 
partment are  as  binding  as  the  acts  of  the  governor  or 
the  legislature.  He  cannot  exceed  his  authority  within 
the  pale  of  his  official  duties  without  morally  as  well  as 
legally  binding  the  State  to  protect  interests  confided  to 
its  care,  and  especially  such  fiduciary  trusts,  as  the  Uni- 
versity fund  for  which  the  State  is  trustee.  How  then 
can  the  State  claim  that  under  the  act  of  its  own  offi- 
cer, it  is  not  responsible  to  the  University  for  the 
whole  amount  of  $40,000? 

"As  to  not  allowing  interest  on  the  entire  sum  on 
the  ground  that  there  happened  to  be  no  interest  ex- 
pressed in  the  exparte  transaction  when  the  State  of  its 
own  motion  took  the  money  without  the  consent  of  the 
University,  such  a  position  is  a  mere  subterfuge  for  not 
doing  justice  to  the  University.  Gentlemen  taking 
such  a  position  may  argue  ever  so  plausibly  about  there 
being  no  law  or  precedent  for  (he  State  to  allow  inter- 
est on  open  accounts  or  ordinary  claims  against  the 
State,  but  they  can  show  none  for  refusing  interest  on 


132  THE  UNIVERSITY  OF  TEXAS. 

borrowed  trust  funds,  as  in  this  case.  Besides  interest 
which  is  the  recognized  penalty  for  the  use  of  money, 
is  implied  unless  it  is  expresely  stipulated  that  none  is 
to  be  allowed." 

All  that  the  State  ^^ould  do,  however,  as  to  these 
old  claims  was  to  treat  them  in  lump  so  as  to  avoid 
acknowledging  any  separate  indebtedness  for  any  of 
them,  and  to  discount  the  whole  business  by  making 
the  University  the  remarkable  ''loan  of  $125,000,  to  be 
in  full  settlement  of  all  demands  of  the  University 
against  the  State,"  which  was  certainly  an  ingenious 
and  very  convenient  mode  of  disposing  of  the  vexed 
question,  in  a  legislative  way.  Legislatures  can  be 
mighty  clever  sometimes,  but  are  noted  the  world  over 
for  sharp  devices,  when  they  wish  to  evade  obligations, 
and  for  the  plenary  powers  they  can  exercise,  by  plead- 
ing the  right  of  might  or  State  sovereignty,  to  enforce 
their  expedients  in  the  very  lace  of  present  right  and 
justice,  and  all  under  the  pretext  of  avoiding  the  es- 
tablishment of  precedents  for  future  demands  against 
the  State,  as  though  one  legislature  could  inevitably 
bind  another  by  any  speciousness  of  enactments. 
Another  cunning  feature  in  making  it  '"a  loan"  and 
possibly  so  intended,  was  to  enable  future  legislatures 
to  claim,  should  the  management  of  the  institution  dis- 
please them,  that  no  precedent  was  fixed,  by  a  mere 
loan,  for  appropriating  general  revenue  to  the  Univer- 
sity, and  require  the  money  to  be  returned  by  taking 
it  out  of  the  University  fund,  or  make  the  loan  au  ex- 
cuse for  refusing  further  appropriations  to  the  institu- 
tion. *  This  loan  was  the  act  of  the  Twentieth  legisla- 
ture, and  the  next  legislature,  even  to  help  the  Univer- 
sity finish  its  main  building  at  Austin,  had  to  guard  its 
appro  priation  of  $25,000  from  general  revenue,  to 
afford  ready  means  for  the  University's  purpose,  by  ex- 
pressing it  a?  for  "support  of  the  University,"  and 
requiring    that    "the    University    should    use    a    like 

*  It  is  unfortunately  too  true  that  the  State  has  the  power  to  "spank' 
the  University,  or  auy  other  State  ini«titution,  as  it  chooses,  and  the 
writer  is  well  enough  aware  that  the  plea  of  State  sovereijjuty  is  trea- 
eraily  regarded  as  sufficient  justitication  for  any  act  of  the  State,  but 
it  is  against  the  brutal  exercise  of  such  a  right,  when  so  palpably  un- 
just to  the  State's  own  institutions,  that  be  is  pleading. 


THE  UNIVERSITY  OF  TEXAS.  V.li 

amount  of  its  available  fund  to  finish  tlie  building." 
So  a  future  legislature  may  elaim  that  it  was  no  direct 
appropriation,  but  simply  a  loan,  or  substitution  or  ex- 
change of  funds.  The  regents,  however,  regard  the 
acts  of  the  two  legislatures,  relatively  considered,  as 
setting  a  precedent  for  further  State  aid  for  the  sup- 
port of  the  University,  independent  of  the  University 
fund,  and  the  probability  is  that  the  appropriations, 
though  guised  as  loans,  will  stand  as  donations,  and 
that  the  University,  now  grown  into  favor  and  popu- 
larity, despite  all  opposition,  will  get  material  relief 
when  needed,  and  without  so  much  contention  in  the 
future,  by  appropriations,  either  from  the  general  rev- 
enue or  general  school  fund. 

i^atterly,  too,  there  has  been  noticeable  a  better 
state  of  feeling  prevailing  between  the  authorities  of 
tlie  college  and  those  of  ihe  University,  and  withal,  a 
more  liberal  spirit  towards  the  University  on  the  part 
of  the  dominant  power  in  the  legislature.  It  is  antic- 
ipated also  that  the  recent  popular  appointment  of 
Governor  Ross  to  the  presidency  of  the  college,  will 
serve  to  promote  further  harmony  of  interests  between 
the  legislature  and  the  college  and  the  University. 

LAND    commissioner's    STATEMENT 

Capt.  W.  C.  Walsh,  who  was  for  ten  or  twelve 
years  State  land  commissioner,  furnishes  the  author  the 
following  statement  showing  how  largely  the  Univer- 
sity's landed  interests  have  been  sacrificed  by  the  action 
of  the  State: 

"The  land  legislation  of  the  State  of  Texas  so  far  as 
it  affects  the  University,  has  been  a  series  of  errors,  if 
we  may  be  charitable  enough  to  so  describe  a  success- 
ion of  laws  which  have  stripped  the  University  of  what 
Avould  have  been  an  ample  endowment. 

"The  fathers  of  the  Republic  of  Texas  before  they 
had  fairl}'  escaped  from  the  dominion  of  Mexico  gran- 
ted to  the  future  University,  fifty  leagues,  (221,400 
acres)  of  land.  These  leagues  were  located  largely  in 
Cook,  Clay,  Gr.^.yson  and  McLennan  counties.  Having 
been  selected  at  an  early  day,  they  embraced  the 
choicest  lands  in  the  republic  and  as  the  country  set- 


134  THE  UNU'ERSITY   OF  TEXAS. 

tied  up  they  were  coveted  and  squatted  on  by  home 
seekers.  The  influence  of  these  settlers  secured  the 
passage  of  several  acts  providing  for  the  subdivision 
and  sale  of  the  fifty  leagues.  They  were  cut  up  into 
quarter  sections  and  sold  to  actual  settlers  at  |1.50  per 
acre  on  ten  3'ears  time  with  10  per  cent  interest.  The 
statutes  of  the  State  from  that  date  until  the  adop- 
tion of  the  constitution  of  1876,  will  show  at  each  suc- 
ceeding session,  'x^n  act  for  the  relief  of  purchasers  of 
University  lands.' 

"The  object  and  effect  of  these  various  laws  was  to 
■cancel  previous  obligations  of  purchasers,  remit  due  in- 
terest aiid  allow  a  repurchase  at  original  price.  The  re- 
sult Avas  to  finally  dispose  of  these  valuable  lands  at  a 
price  far  below  their  actual  value  and  to  deprive  the 
University  of  a  large  sum  due  for  interest.  In  addition 
to  these  losses,  a  conflict  with  an  an  old  Mexican 
grant  in  McLennan  county,  caused  the  loss  of  several 
thousand  acres. 

"In  1854,  the  State  provided  for  a  subsidy  of  six- 
teen sections  of  land  per  mile  for  construction  of  rail- 
roads, to  be  located  in  alternate  sections;  i.e,  for  each  of 
the  sixteen  sections  surveyed  for  the  railroads  a  sec- 
tion adjoining  should  be  surveyed  for  the  common 
schools.  It  was  further  provided  by  act  of  1858  that 
every  tenth  section,  so  surveyed  for  education,  should 
be  set  aside  for  the  Universit3^  Under  this  statute  the 
University  was  entitled  to  something  over  1,000  acres 
of  land  for  each  mile  of  railroad  built,  and  the  law  re- 
mained in  force  until  repealed  by  the  constitution  of 
1876.  At  the  date  of  this  repeal  the  railroads  had 
received  grants  for  near  1,800  milesof  road,  and  the  Uni- 
versit}^  was  then  entitled  to  something  over  1,750,000 
a'-res  of  land.  These  locations,  it  must  be  remembered 
were  not  grazing  lands  on  the  plains,  but  were  situated 
in  such  counties  as  Dallas,  Navarro,  Ellis,  Bell,  Harris, 
Williamson,  Fort  Bend,  etc.,  embracing  the  choice 
agricultural  lands  of  the  State.  The  constitutional 
convention  stripped  the  University  of  this  magnificent 
endowment,  and  substituted  therefor  1,000,000,  acres 
which  when  surveyed,  could  only  be  secured  in  Tom 
•Green  and  Crockett  counties,  where  the  lands  were  all  so 


THE   UN'n'KliSlTY   OF  TEXAS.  135 

•Jiiueli  les.s  valuable  than  in  the  other  counties.  Thus 
1,750,000  acres,  worth  then  an  average  of  $5  per  acre, 
were  taken  away,  and  1,000,000  acres  at  50  cents  was 
substituted.  Jn  the  selectioji  of  this  western  land,  it 
was  discovered  that  about  jJ5,000  acres  of  irrigable 
land,  situated  on  the  Rio  Orande,  below  El  Paso, 
was  wrongfully  claimed  by  speculators,  under  a  grant 
ah'eady  satisfied,  and  this  amount  was  embraced  in  the 
land  surveyed  for  the  University.  If  proper  steps  had 
been  taken  by  the  State,  this  land  might  now  be  yield- 
ing a  handsome  revenue;  but  the  blight  which  seems 
to  rest  u[)on  all  University  lands,  has  settled  on  this, 
and  so  far  nothing  has  been  done  to  assert  the  right  of 
the  University. 

"In  conclusion  let  us  sum  up  what  the  University 
should  have  had,  il  the  intentic^ns  of  our  ci^rly  legisla- 
tors had  been  respected  : 

Fifty  leagues  at  $1.50  per  acre $     333,100 

Ten  years  interest  at  10  per  cent 332,100 

Que  million  seven  hundred  and  fifty  thousand  acres  at  $5.00 

per  acre 8,750,000 

Interest  00  deferred  payments  (say  25  per  cent) 2,187,500 

Total $11,601,700 

It  is  doubtful  if  the  University  will  realize  10  per 
■cent  of  this  amount  from  land  donations.  Twelve 
million  dollars  will  probably  not  more  than  cover  a 
•close  estimate." 

Oapt.  Walsh  further  states  that  he  called  the  atten- 
tion of  Gen.  Darnell  and  other  prominent  members  of 
the  convention  of  1875,  to  the  fact  that  the  million  of 
acres,  proposed  to  be  substituted  to  the  University,  for 
the  railroad  alternate  lands,  would  not  be  an  equiva- 
lent, by  a  rate  of  five  to  one,  either  in  quantity  or 
quality,  for  the  original  grant,  but  the  convention 
seemed  determined  to  make  the  substitution  in  the  in- 
terest of  the  free  public  schools.  Gen.  Darnell,  in  fact, 
suggested  to  him  that  "a  million  acres  of  land  was 
enough  for  any  kid  glove  institution." 

ACTION  OF  THE  UNIVERSITY  REGENTS. 

As  has  been  seen  all  along  in  the  course  of  this 
history  of  the  University,  the  regents  have  been  power- 
less to   prevent    aggressive   action    by   the   legislature 


136  THE  UNIVERSITY  OF  TEXAS. 

towards  the  institution.  They  have  not  been  indifter- 
ent  to  their  duties,  however,  as  already  shown,  in  pre- 
senting the  facts  and  pressing  upon  public  attention  the 
University's  financial  and  landed  interests.  As  further 
evidence  of  this  some  extracts  from  the  record  of  their 
proceedings  are  of  important  interest. 

At  tiieir  meeting,  September  17,  1889,  the  follow- 
ing resolution  offered  by  Regents  Todd  and  Sjmkins, 
was  adopted: 

"Whereas,  there  are  outstanding  land  notes  be- 
longing to  the  permanent  University  lund  aggregating 
some  $1 10,200,  upon  which  there  is  due  a  large  amount 
of  unpaid  interest,  most  of  which  extends  back  to  the- 
past  ten  years;  and  whereas,  the  purchasers  of  said 
lands  are  claiming  that  said  interest  is  barred,  and  are 
refusing  to  pay  the  same  and  there  is  imminent  danger 
that  longer  delay  may  cause  considerable  loss  to  the 
University  fund;  and  whereas,  the  State  treasurer  has 
been,  and  is  unable  to  collect  the  same  by  written  de- 
mand on  said  parties;  therefore,  be  it  resolved,  by  the 
board  of  regents  of  the  State  University,  that  the  attor- 
ney general  be,  and  he  is  hereby  requested  to  take 
immediate  steps  for  the  purpose  of  collecting  said  inter- 
est, or  establishing  the  same  as  a  debt  upon  the  lands, 
or  else  cancel  said  contract,  and  recover  said  lands." 

Again  at  their  meeting  February  11,  1890: 
"Regent  Wooten  reported  that  the  attorney  general  was 
disinclined  to  sue  upon  the  past  due  land  notes  of  the 
University,  the  ground  of  objection  being  that  it 
would  necessitate  many  suits  in  many  different  and 
distant  parts  of  the  State,  to  be  conducted  in  many 
instances  by  either  unreliable  or  incompetent  persons." 

"Regent  Wooten  also  reported  the  opinion  of  the 
attorney  general  to  be  adverse  to  our  right  to  demand 
the  issuance  of  State  bonds  for  the  investment  ol 
the  present  uninvested  permanent  Un'versity  funds 
(some  $35,000).  The  attorney  general  holds  it  illegal 
for  the  State  to  issue  bonds  unless  it  owes  a  debt  and 
wishes  1^0  borrow  funds,  and  that  this  is  not  the 
present  status  of  the  State's  financial  condition." 

"Regent  Wooten  also  reported  that  Land  Commis- 
sioner Hall  had  taken  no  definite  action  looking  to  se- 


THE  UNIVEKSITY  OF  TEXAS.  137 

curing  and  selling  a    tract  of   land  belonging  to   the 
University  in  Collin  county." 

"Regent  Prather  reported  to  the  effect  that  the 
University  probably  did  not  get  a  fair  divide  in  the  ap- 
portionment of  the  lands  in  McLennan  county,  Texas, 
heretofore  in  controversy  between  the  University  and 
certain  foreign  claimants  represented  by  General  iVJexia;. 
that  the  agent  of  Mexia  was  very  familiar  with  these 
lands  and  rather  dictated  as  it  were  the  division.  Mr. 
J.  P.  Surratt  represented  the  University's  interests;  and 
Mr.  wStephen  Tuner  was  appointed  by  the  court.  Mr. 
Surratt  endeavored  to  protect  the  State's  interest,  but 
was  rather  over  reached  in  the  transaction." 

As  to  these  proceedings  there  gents'  records  further 
show  that  Attorney  General  Hogg  subsequently  recom- 
mended that  the  suits,  referred  to  in  the  resolution  of 
Messrs.  Todd  and  Simkins,  be  instituted,  and  it  is  to 
be  presumed  that  steps  for  that  purpose  are  being  taken 
by  that  officer. 

As  to  the  question  raised  by  the  attorney  general, 
as  to  the  State  issuing  bonds,  it  would  seem  that,  while 
it  may  be  illegal  to  issue  them  to  create  a  debt  or  loan 
without  any  basie  for  them,  further  than  the  general 
credit  of  the  State,  the  re-issue  of  bonds  for  re-invest- 
ment ol  funds  pledged  on  any  substantial  property 
basis,  such  as  bonds  or  lands  belonging  to  the  Univer- 
sity, is  hardly  creating  a  debt  within  the  purview  and 
inhibitions  of  the  constitution  or  statutes  of  the  State ; 
or  if  such  is  the  case,  that  the  constitution  should  be 
amended  to  make  it  flexible  enough  to  cover  such  in- 
terests. 

Or.GANIC    LAW    AFFECTING    THE    UNIVERSITY. 

Following  are  the  provisions  of  the  organic  law 
(the  constitution  of  1876)  which  affects  the  University. 

Sec.  10.  The  legislature  shall,  as  soon  as  practi- 
cable, establish,  organize,  and  provide  for  the  i.iainten- 
ance,  support,  and  direction  of  a  University  of  the 
first  class,  to  be  located  by  a  vote  of  the  people  of  this 
State,  and  styled  "The  University  of  Texas,"  for  the 
promotion  of  literature,  and  the  arts  and  sciences, 
including  an  agricultural  and  mechanical  department. 


■Ids  THE   LJNIVERSITY   OF  TEXAS. 

Sec.  11.  In  order  to  enable  the  legislature  to  per- 
form the  duties  set  forth  in  the  foregoing  section,  it  is 
hereby  declared  that  all  lands  and  other  property  here- 
tofore set  apart  and  appropriated  for  the  es'.ablishment 
and  maintenance  of  'The  University  of  Texas,"  to- 
gether with  all  the  proceeds  of  sales  of  the  same  here- 
tof()re  made  or  hereafter  to  be  made  and  all  grants,  do- 
nations, and  appropriations  that  may  hereafter  be  made 
by  the  State  of  Texas,  or  from  any  other  source,  shall 
constitute  and  become  a  permanent  University  fund. 
And  the  same  as  realized  and  received  into  the  treas- 
ury of  the  State  (togetlier  wtth  such  sums  belonging  to 
the  fund  as  may  now  be  in  the  treasury),  shall  be  in- 
vested in  the  bonds  of  the  State  of  Texas,  if  the  same 
can  be  obtained;  if  not,  then  in  United  States  bonds; 
and  the  interest  accruing  thereon  shall  be  subject  to 
appropriation  by  the  legislature  to  accomplish  the  pur- 
pose declared  in  the  foregoing  section:  provided,  that 
one-tenth  of  the  alternate  sections  of  lands  granted  to 
railroads,  reserved  by  the  State,  which  were  set  apart 
and  appropriated  to  the  establishment  of  "The  Univer- 
sity of  Texas."  by  an  act  of  the  legislature  of  February 
11,  1858,  entitled  ''An  act  to  establish  The  University 
of  Texas,"  shall  not  be  included  in  or  constitute  a 
part  of  the  permanent  Universit}^  fund. 

Sec.  i  2.  The  land  herein  set  apart  to  the  Univer- 
sity fund  shall  be  sold  under  such  regulations,  at  such 
times,  and  on  such  terms,  as  may  be  provided  by  law; 
and  the  legislature  shall  provide  for  the  prompt  collec- 
tion, at  maturit}^,  of  all  debts  due  on  account  of  Uni- 
versity lands  heretofore  sold,  or  that  may  hereafter  be 
sold,  and  shall  in  neither  event  have  the  power  to 
grant  relief  to  the  purchasers. 

Sec.  13.  The  Agricultural  and  Mechanical  Col- 
lege of  Texas,  established  by  an  act  of  the  legislature, 
passed  April  17,  1871,  located  in  the  county  of  Brazos, 
is  hereby  made  and  constituted  a  branch  of  the  Uni- 
versity of  Texas,  for  instruction  in  agriculture,  the  me- 
chanic arts  and  the  natural  sciences  connected  there- 
with. And  the  legislature  shall,  at  its  next  session, 
make  an  appropriation,  not  to  exceed  forty  thousand 
'dollars,   for    the   construction   and   completion  of  the 


THE   UMVEH.siTY   OF  TEXAS.  139 

buildings  and  improvements  and  for  providing  the  fur- 
niture necessary  to  put  said  college  in  immediate  and 
successful  operation. 

Sec.  14.  'I'lie  legislature  shall  also,  when  deemed 
practicable,  establish  and  provide  for  the  maintenance 
of  a  college,  or  branch  University,  for  the  instruction 
■of  the  colored  youths  of  the  State,  to  be  located  by  a 
vote  of  the  people;  provided,  that  no  tax  shall  be  levied, 
and  no  money  appropriated  out  of  the  general  revenue, 
either  for  this  purpose  or  for  the  establishment  and 
erection  of  the  buildings  of  the   University  of  Tc^xas. 

Sec.  15.  In  addition  to  the  lands  heretofore  gran- 
ted to  the  University  of  Texas,  there  is  hereby  set 
apart  and  appropriated,  lor  the  endowment,  mainten- 
ance, and  support  of  said  University  and  its  branches, 
one  million  acres  of  the  unappropriated  public  domain 
of  the  State,  to  be  designated  and  surveyed  as  may  be 
provided  by  law;  and  said  lands  shall  be  sold  under  the 
same  I'egulations  and  the  proceeds  invested  in  the  same 
manner  as  is  provided  for  the  sale  and  investment  of 
the  permanent  University  fund;  and  the  legislature 
shall  not  have  the  power  to  grant  any  relief  to  the  pur- 
chasers of  said  lands. 

By  an  act  of  the  legislature,  passed  March  30, 
1881,  the  location  of  the  University  was  submitted  to 
a  vote  of  the  people,  and  provision  was  made  for  ap- 
pointing the  regents,  who  were  authorized  to  contract 
for  a  suitable  building,  to  elect  a  faculty,  and  to  take 
such  action  as  was  necessary  for  the  organization  of  the 
University.  By  this  act  the  University  was  "open  to 
male  and  female  on  equal  terms,  without  charge  for 
tuition." 

THE    *'A.    and    M.    college"   BRANCH. 

The  Agricultural  and  Mechanical  college  of  Texas 
owes  its  foundation  and  endowment  to  the  act  of  the 
United  States  Congress  approved  July  2,  1862,  amended 
July  23,  1865,  and  to  a  joint  resolution  of  the  legisla- 
ture of  Texas,  approved  Nov.  1,  18j6,  and  an  act  of 
the  same  body  approved  April  17,  1871. 

In  his  message  of  April  19,  1876,  to  the  legisla- 
ture. Governor  Coke  says:     '  In  July  18,  l87o,  a   meet- 


140  THE   UNIVERSITY    OF  TEXAS. 

ing  of  the  board  of  directors  of  the  Agricutlural  and 
Mechanical  college,  chosen  under  the  act  of  March  9. 
1875,  was  held  in  Bryan,  near  which  point  the  college 
is  situated  in  Brazos  county.  The  building  was  found 
incomplete,  and  it  was  the  purj^ose  of  the  board  to  rec- 
ommend that  an  appropriation  not  to  exceed  $40,000 
be  made  by  the  legislature  to  complete  the  building, 
and  until  the  needed  buildings  were  completed  it  was 
not  deemed  proper  to  proceed  to  the  selection  of  a  full 
faculty.  The  board,  however,  concluded  to  elect  a 
president,  and  they  selected  for  that  position  the  Hon. 
Jefferson  Davis,  who,  however,  was  prevented  from  ac- 
cepting it,  (alluding  to  Mr.  Davis  who  was  the  presi- 
dent of  the  Confederate  States.)  On  this  board  of  di- 
rectors devolved  the  duty  of  making  proper  regula- 
tions as  to  the  admission  of  students  into  this  institu- 
tion, and  as  to  the  terms  of  their  admission.  No  final 
action  was  taken  by  the  board  on  this  subject,  but  in 
view  of  the  fixed  and  unalterable  policy  of  the  State 
founded  upon  the  best  interests  of  both  the  white  and 
colored  population  that  white  and  colored  pupils  shall 
not  be  mingled  in  the  public  schools  or  colleges,  they 
deemed  it  best  to  postpone  further  consideration  of  the 
subject  until,  by  legislative  action,  some  other  provis- 
ion could  be  made  for  colored  pupils  and  thereby  any 
question  as  to  them  avoided. 

"Appreciating  the  wisdom  and  justice  of  a  proper 
provision  for  the  the  colored  pupils,  the  late  constitu- 
tional convention  in  Sec.  14  of  Article  VII,  authorizes 
the  erection  and  maintenance  of  a  branch  University 
for  the  education  of  colored  youths  Other  states  of 
the  South,  accepting  the  donation  of  congress  for  the 
establishment  of  a  college  like  ours,  have  made  separ- 
ate provisson  for  the  colored  youth,  and  it  is  recom- 
mended that  the  same  be  done  in  Texas.  It  is  desired 
by  the  board  of  Trustees  to  put  the  Bryan  college  in 
operation  at  the  beginning  of  the  scholastic  year  in 
the  fall  of  1876,  and  by  prompt  action  the  school  for 
colored  pupils  may  commence  operations  during  the 
ensuing  year.     The  college  at  Bryan  is  now  complete." 

The  affairs  of  the  University,  in  connection  with 
its   branch,  the  Agricultural  and  Mechanical  College, 


THE   UNIVERSITY  OP  TKXAS  141 

and  the  Prairie  View  school,  which  was  established  for 
the  benefit  of  the  colored  people,  and  subjected  to  the 
control  of  the  college  directors,  are  interestingly  re- 
viewed in  the  message  of  Governor  Roberts  to  the 
Seventeenth  legislature. 

The  support  of  the  Agricultural  and  Mechanical 
College  is  provided  for  under  Sec.  48,  Art  ;-!,  of  the 
constitution  of  ]^76;  and  by  Sec.  13  of  Art.  7,  of  the 
constitution,  the  college  is  made  a  branch  of  the  Uni- 
versity. It  is  furthei"  provided  for  by  special  endow- 
ment of  the  federal  government  and  the  iState's  accept- 
ance of  \hv  piovisions  of  the  acts  of  congress  lor 
establishing  agricultural  colleges  and  experiment 
stations  in  the  several  States.  The  college  has  from  its 
federal  donation  a  productive  fund  of  $209,000,  and 
has  had  from  the  University  fund  $86,000,  and  about 
$2r-0,000  irom  State  revenue  funds.  Its  annual 
income  from  various  sources  is  about  equal  to  that 
of  the  entile  University,  say  $50,00(1.  It  has  be- 
sides some  $36,000,  with  some  years  accumulated 
interest  in  reserve  funds,  which  interest  can  be 
applied  as  available  lesources.  The  value  of  its 
lands  and  buildings  was  estimated  some  years  ago 
at  $204,662  and  its  permanent  equipments  at  $34,300. 
According  to  State  Commissioner  Foster's  report,  1888, 
the  value  of  the  property  of  the  college  was:  Grounds 
-and  buildings  $260,000,  equipments,  including  stock, 
machinery,  apparatus,  library,  $75  000.  Altogether  it 
has  been  quite  liberally  fostered,  and  is  represented  to 
be  in  a  flourishing  condition.  *  Hon.  L.  S.  Ross,  pres- 
<3nt  governor  of  fexas,  who  has  lately  been  elected 
president  of  the  college,  has  accepted  the  position,  and 
his  acceptance  seems  to  have  had  an  inspiring  effect  in 
largely  increasing  the  attendance  of  students  this  ses- 
sion, so  that  greater  provision  is  needed  for  their  ac- 
<;ommodation.   Under  recent  act  of  congress  the  college 

*  The  valne  of  University  property,  as  stated  in  Mr.  Fosters  re- 
port, is  : 

Building  and  grounds |200,000 

Value  of  library 10,573 

Chemical  and  physical  apparatus 30,945 

Total  $241,518 


142  TllK   UNIVERSITY  OF  TEXAS.      • 

will  get  |2 1,000,  which,  however,  cannot  bo  used  for 
buildings,  but  only  lor  maintaining  means  of  instruc- 
tion, so  that  the  tState  is  expected  to,  and  should,  and 
doubtless  will,  as  the  college  deserves,  provide  for  the 
additional  quarters  required. 

Following  are  the  estimates  and  reports  of  the 
directors  for  the  A.  and  M.  College  and  of  the  Prairie- 
View  Normal  for  colored  youths  as  transmitted  to  the 
legislature  in  special  session  April  19,  18<S<S: 

FOR    THE    A.    AND    M.  COLLEGK. 

For  Dormitory $1'.^, 500  00 

Assembly  hall 13.2-0  00 

Furniture 3,500  00 

Professors'  residences 9,500  00- 

Houses  for  employes. . .    3,300  00 

Chemical  laboratory 1^,000  0'^ 

Repairs  of  college  building?,  agricultural  department.  .  .  1,800  00 

Shops  1.0(H)  00 

'  Other  college  buildings 7,400  0() 

Artesian  well  and  necessary  piping  7,000  00 

luiDi-oved  Stock 3,5*  0  OO 

Fencing 3.5j0  Oo 

Conservatory     3,500  00 

Barn  for  agricultural  department 3.500  00 

Equipment  sor  horticultural  dep  irtment 1,000  00 

Equipment  for  mechanical  dspartment 3,000  00 

Equipment  for  civil  engineering  department  ...    1,000  00 

Equipment  for  drawing  department. 750  00- 

Ekjuipmont  for  veterinary  science  department 3,500  00' 

Equipment  for  chemical  Kboratory 1,000  00 

Work  stock  ami  faru  iiuplements 1,000  00 

Improvements  of  college  grounds 3,500  00 

Total   $100,000  00 

When  the  importance  of  the  Agricultural  and  Me- 
chanical College  to  the  people  of  Texas,  and  the  neces- 
sity of  enlarging  its  facilities  and  accommodations- 
are  considered,  I  do  not  think  the  appropriations  asked; 
will  be  thought  large.  Technical  education  is  growing 
in  favor  in  this  6tate,  as  the  annually  increasing  num- 
ber of  young  men  who  apply  for  admission  to  this 
college  will  attest.  It  would  be  unfortunate  for  the 
State  to  halt  where  it  now  is  and  check  the  growth  of 
this  most  useful  institution. 

Respectfully  submitted, 

C.  C.  Garrett, 
President  of  J^oard  of  Directors,  Agricultural  and  Me- 
chanical College  of  Texas. 


THE  UNIVERSITY  OF  TEX  A 8.  14?,. 

THE    PRAIRIE    VIEW    NORMAL    SCHOOL. 

It  is  well  known  that  this  institution  has  no  suita- 
ble academic  building.  Its  success  has  been  marked; 
the  attendance  has  increased  to  the  full  capacity 
of  the  buildings,  and  with  the  establishment  of 
the  industrial  department,  which  is  meeting  with 
great  favor,  it  is  certain  that  half  of  those  who 
apply  fo:-  admission  next  year  cannot  be  received  It 
will  not  do  to  turn  these  people  away  from  the  only 
State  institution  of  learning  that  they  have.  It  is  con- 
fidently asked  that  a  suitable  appropriation  be  made  bv 
the  legislature  to  erect  the  building  suggested  by  Col- 
onel kScott,  and  for  the  other  purposes  presented. " 

The  appropriations  asked  for  are  as  follows: 

For  academe  building $-25,000  00 

Re()«irs ;i'0OO  00- 

Purchai-e  of  live  s'ock 1,000  00 

Library  and  apparatus 1.000  00- 

Water  supply 5,000  00 


Total ^33,000  Oa 

C  C.  Garrett, 
President  Board  of  directors,   A.    and    .M.    College    of 
Texas 

An  act  was  promptly  introduced  by  :!:^enator  Knit- 
tel,  making  an  appropriation  of  $100,000  for  the  A.  & 
M.  College,  and  the  legislature  finally  made  the  follow- 
ing appropriations  for  the  college  and  the  school: 

From  March  1,  1887  to  June  1.  1^88,  the  college 
had  received  (appropriations  by  the  Twentieth  legisla- 
ture.) 

Prom  general  revenue .| 35  000  00 

From  University  fund 5,000  00 

Of  these  amounts  $11,628  was  spent  in  building 
and  furnishing  Pfeuffer  Hall  and  the  balance  in  salar- 
ies and  sundry  other  current  expenses. 

From  various  sources  the  college  had   $11,966  to- 
wards current  expenses  from  June  1.  18.'!«8  to  March  11 
1^89 

In  May  1888,  the  special  session  of  the  Twentieth 
legislature  made  the  following  appropriations  for  im- 
provements: 


144  THE  UNIVERSITY  OK  TEXAS. 

To  erect  dormitory  and  assembly  hall |20,(J00  00 

For  furnishing  same 2,000  00 

For  reoHiring  college  buildings  and  professors'  residence S).0()0  00 

Water  supply 2,000  00 

Erecting  barn 1.000  00 

Equipping  mechanical  department ...  1,500  00 

Fencing  college  land  and  repairing  fences 2.5U0  00 

Equipping  civil  engineering  department 1,000  00 

Equipping  veterinary  department 1,.500  00 

Equipping  drawing:  department 500  00 

For  work  stock  and  farm  implements 500  00 

Total $41.50  »  00 

(The  Prairie  View  Colored  School  which  is  also 
under  the  control  of  the  A.  &  M.  College  directory  re- 
lieved liberal  appropriations.) 

The  total  receipts  of  the  college  from  students, 
sales  of  farm  produce,  etc.,  and  all  sources  other  than 
State  appropriations  and  expenditures  for  maintenance 
and  incidental  expenses,  such  as  board  books,  etc.,  and 
pay  of  all  officers  and  employes  except  those  paid  irom 
8tate  appropriations,  were  as  follows,  for  the  period 
stated:  * 

Total  receipts  and  balance  Jan.  1,  1SH7  to  June  1,    1S8«         .   $41,  JOS  97 
Total  dis«bursements 87.400  53 

Balance  June  1,  1888 f  6,808  44 

Following  is   the   official    report   to  the   Boanl  of 
Managers  of  the  college  property: 


*  The  regents  thus  friendiily  allude  to  the  eollfge  in  the'r  fourth 
biennial  report  just  issued:  "  f he  Airricultural  and  Mtchanical  co  lege 
is  [.mentioned  here  becrtUi-e  by  constitution  and  statu  es  it  is  abanch 
of  the  University,  and  therefore  entitled  to  a  part  of  rh"  University's 
income  It  has,  hovvever,  a  separate  income  from  a  bo  ided  t^nd  )\vmeut, 
a  recognized  constitutional  r  ght  of  support  from  the  tzeuenA  revenues, 
and  a  large  annual  appropriation  from  the  general  tovemmen?.  Its 
income  i;!  received  and  disourse  i  bv  an  independent  b  ^ard  of  <iirecrors, 
who  vviil  doubtless  rep urt  to  your  P^xcellency  all  the  needs  and  r.  quire- 
ments  of  this  branch  of  the  University.  It  may  nor  be  our  of  place 
to  say  that,  in  the  opinion  of  the  Regents,  th"  Agricultural  and  Me 
chanical  College,  owing  to  the  peculiar  value  of  the  iustuction  given 
there,  should  be  generously  aided  by  the  legislatme,  and  in  estimating 
the  amount  of  aid  to  he  rendered  by  tiie  State,  it  is  respectfully  sugges 
ted  that  no  accouiit  siiould  be  taken  of  tlie  appropriation  from  the 
Federal  government.  This  should  be  considered  so  much  clear  gain, 
and  the  State  should  giadly  supplement  it,  by  a  liberal  appropriation. 
Tins  apijropriaiio  i,  ho.vev^ir,  .should  be  made  fr  >m  the  ge'ieral  reven- 
ues, and  not  (except  iu  a  mere  nominal  amount,  as  at  present)  from  the 
available  fund  of  the  University.  It  w  -uld  be  unwise  to  cripple  the 
Man  University  in  order  to  build  up  on^  ot  its  branches.  The  State 
of  Texas,  wirhits  aljuadant  resaarce-i,  is  amply  able  to  provide  liber- 
all  v  for  the  Univer.-.ity  and  for  ail  its  branches,  and  at  this  stage  of 
their  development,  it  would  be  ilisastrous  to  allow  either  the  Univer- 
sity or  any  one  of  its  branches  to  suffer  on  account  of  an  insufficient 
iiupport." 


THE  UNIVERSITY  OF  TEXAS.  J45 

Exhibit  A. 
Inventory  of  College  Property. 
Detailed  inventories  of  nil  ('ollecre  property  of  the  College  in  the  several 
defiartuipnfs  are  on  file  in  the  College  ollice,  ax  required   by  the  Board  of 
Directors. 


Donated  to  the  Btatt-  by  Brazos  County: 
Two  tliousaiid  lour  liuudred  aijd  sixteen  acres 

of  Jan^l 

One  steward'^  rcfcideuce 


Irnprotiements  made  prior  to  1876,  when  College 

wati  opeiitd: 
One  main  collef;e  bniidinj.',  15Hx60  feet,  four 

stoiies 

One -steward's  hall  and  Hf)rniitory,  91x3-1  feec,  ^ 

three  !>tories.  brick I 

One  residence  attaciied   to  steward's  hall,  j 

4()>:80  feet,  four  ^tori^-s ; J 

One  stal)le  and  baru,  iyx:JO  tVet,  frame 

Nine  cisterns,  briclc,  underground 

Five  proie&sor'b  residencen 

Plank  fencH  and  cedar  posts,  enclosing  cnjiege 

campus,  161  acres 


Improvements  made  from  October,  1876,  to  Jan- 
uary ],  1887: 

Two  sioi-y  frame  building.  84x34  feet,  wocd 
woriiing  shop 

Two  stors  fraiDc  'nuiUh'ng,  farm  house 

One  story  frnme  bui:ding,  for  emplo.\es 

Seven  undery:roui;d  ci.--terns,  brick 

Bath  house,  sixteen  rooms 

Oil  house 

Fence,  plank  and  wire,  small  pasture,  forty-six 
acres 

Telephone  linfs.  coiiege  to  Bryan,  five  miles. . 

Brick  shoi>,  80x40  feet,  irom  working 

Store  room  mess  hall,  with  cellar 

Bakery    .... 

Cattle  shed 

Larj,'  e  ba  ru 

Fences,  pa'-ture,  east  of  college.  461  a«-res 

Fences,  pasture,  eai^t  of  Houston  and  Texas 
Centra!  railway,  850 acres 

Tvv  o  tanks  in  pastures 

Piggery 


Improoeinents  made  since  January  1.  1887; 
PtuftVr  hall,  112x46  feet,  two  storief-i,  Isrick 

Hospital,  one  story,  frame 

Farm  house,  oi  e  story,  frauie 

Creamery  building  and  cistern 

Propiigaiiug  and  i.'r.'eii  house,  brick 

Bla(*k^nJitil  siiO|>,  brick 

Seven  undergrouns!  ci<?terns 

Two  trame  servants'  houses 

Three  silos 

Austin  hall,  two  storv,  102x4<),  brick  . 

L-IO 


$16,913  0< 
1,000  00 


$100,000  CO 

35,000  00 

1.500  00 

1.800  00 

15,000  00 

500  00 


$4,000  00 

1,000  0(; 

500  0( 

1,400  00 

300  dO 

100  00 

100  00 

250  0( 

5,000  01 

3,500  00 

500  00 

500  00 

2,500  0(1 

1,500  «0 

2.000  00 
500  00 
500  00 


$11,500  00( 

2,000  00! 

1,300  00 

1,300  01 ' 

600  00 

60  00 

1,500  on 

400  00 

1,500  00 

11,000  00 


$17,913  00 


158.800  00 


2;'?.  150  00 


146 


THE  UNIVERSITY  OF  TEXAS. 

Exhibit  A. 
Imentory  of  College  Property. 


Two  professors'  cottages,  frame 

Fences,  two   pa-tures,    wfst  of   Houston  and 

Texas  (vVnrral  railway,  800  acres  

Fences,  stjck  lots 

Ad'lition  to  barn  and  stables 

Addition  to  cattle  ^hed 

Larfje  cattle  shed   

Twoemploves'  cotta<?es 

A.'-seiublv  hall 

One  pT off  ssors'cottage,  frame 

Surgeon's  kitchen 


Equipment: 
Mathematical  department. 

Language  department 

English  d<-pHrtii!ent 

Library,  books,  etc 

Drawing  department 

Improvement  of  campus. . 


AgricuUural  Department: 

Oattif 

Creamery,  one-half  interest 

H<gs 

Farm  produce 

Farm  impiements 

Miscellaneuus 


Mechanical  department 

Chemical  department , 

Civil  engineirir>g  aiid  physics. . . 

Mess  hall  furniture 

Officf-rs' dormitory 

Book  store 

Veterinary  department 

Horticultural  departmt-nt 

Hospital  furniture  and  medicine. 

Museum 

Office  furniture 

Assembly  hall  furniture 

Experiment  Station: 

hSui  dings 

Machinery 

Stock  

Office  fixtures 

Implemeuls  

Scales  and  fixtures 

Fertilizers 

Drainaj^e 

Creamery,  one  half  interest 


Total  value  equipraemt 

Total  periuanenc  improvements. 

(rrand  total  


3,'JOO  00 

1,5(80  00 
500  00 

l,2r)0  00 

2m  00 

500  00 

400  00 

22,218  G4 

2,204  38 
2^0  00 


315  00 
104  50 

87  00 
5,000  00 
757  7 
700  00 


5,950  00 
327  75 
356  00 

1,010  Oil 
983  50 
739  90 


4,050  00 

1,300  00 

1,980  00 

3G4  oOl 

252  40 

110  50 

28  00 

620  00 

554  60 


258,815  02 


6,964  27 


9,817  15 

7,235  44 

4.794  65 

3,221  40 

4,608  38 

603  57 

1,000  00 

1,851  98 

654  59 

148  30 

200  00 

900  00 

1,100  00 


9,266  00 

51  314  76 

258,815  03 

310.139  18 


THE  UNIVERSITY  OF  TEXAS.  U7 

[From  12tli  Aniiuiil  Catalogue,  Session  1^87-88.] 

Main  ]kiilding — Tlie  main  building  stands  on  the 
liigiiest  pr)int  of  the  grounds.  It  is  lour  stories  high 
inade  of  brick,  with  mansard  roof  and  towers.  'J'he 
rooms  are  all  of  high  pitch  and  well  ventilated.  On 
the  iburth  story,  nearly  half  the  space  is  occupied  by 
the  chapel.  Two  society  halls,  the  armory,  the  ath- 
letic hall  and  three  small  rooms  are  also  on  this  floor. 
On  the  third  story  are  the  mathematical  section  and 
instrument  rooms  and  students'  quarters.  On  the  sec- 
ond floor  are  t!ie  library,  agricultural  section  room, 
chairman's  office,  chemical  laboratory''  for  qualitative 
work,  and  several  students'  rooms.  On  the  first  floor 
are  physical  and  chemical  section  rooms,  chemical  bal- 
ance room  and  dark  room,  section  rooms  of  English 
languages  and  mechanics,  ofhces  of  the  commandant, 
business  manager  and  treasurer,  and  janitor's  room. 
There  are  broad  halls  running  through  each  story  at 
right  angles  to  each  other,  and  two  sets  of  stairways, 
one  in  the  middle,  the  other  at  the  end  of  the  building. 
The  external  appearance  of  the  main  building  is  shown 
on  the  right  of  the  frontispiece. 

Shops — Back  of  the  main  building  (seen  a  little 
to  the  left  of  it  in  the  picture)  is  the  carpenter  shop. 
It  is  of  two  stories,  fitted  with  benches  and  wood-work- 
ing tools  in  separate  sets  for  students.  Power  is  sup- 
plied in  this  shop  l)y  a  twelve  liorse  power  vertical  en- 
gine. The  boiler  house  and  bla<'ksmith  shop  are  in 
th(^  rear  of  the  building.  The  metal  working  shop  is 
seen  near  the  middle  of  the  engraving.  Its  machinery 
is  driven  by  a  twenty  horse  power  engine.  The  build- 
ing is  of  brick.  The  blacksmith  shop  is  furnished 
with  six  forges  and  necessary  tools. 

Mess  Hall — This  is  seen  on  the  left  of  the  other 
buildings.  It  is  three  stories  high,  and  is  attached  to 
the  house  which  was  formerly  the  president's  residence. 
The  first  floor  is  occupied  by  the  hall,  steward's  office, 
store  rooms,  kitchen,  cfec.  The  second  and  third  floors 
are  occupied  by  students'  rooms,  of  which  there  are 
twenty  in  the  building. 

Pfeuffer  Hall — This  new  building  erected  in  1887 
is  for  a  dormitory,   and  has  capacity  to  accommodate 


148  THE  UNIVERSITY  OF  TEXAS. 

seventy-five  students.  It  is  named  in  honor  of  Hon, 
George  Pfeuffer,  a  former  president  of  the  board  of 
directors. 

Austin  Hail — This  a  new  dormitory  erected  in 
1888,  and  accommodates  seventy-five  students. 

Assembly  Hall  —This  building  has  been  completed 
and  furnished  with  neat  opera  chairs.  It  is  a  two  story 
brick  stuccoed  with  Portland  cement;  has  main  floor 
and  gallery.     It  is  an  ornament  to  the  grounds. 

Hospital — A  large  and  comfortable  building  has 
been  erected  as  a  hospital  and  surgeon's  residence.  The 
surgeon  will  give  his  attention  to  all  students  without 
charge  other  than  the  regular  medical  fee  of  five 
dollars  paid  by  each  student  upon  entrance. 

Creamery — There  has  recently  been  erected  a 
building  for  the  creamery.  It  is  supplied  with  a  com- 
plete outfit  of  the  latest  improved  apparatus  for  mak- 
ing butter.  The  machinery  is  driven  by  a  six  horse 
power  engine.  Practice  in  the  creamery  forms  a  part 
of  the  agricultural  course. 

Farm  Buildings — These  are  situated  several  hun- 
dred yards  in  the  rear  of  the  main  building.  They 
consist  of  two  large  barns,  a  milking  shed  and  a  pig- 
gery. One  of  the  barns  is  new,  and  is  fitted  with  stalls 
for  the  thorough-bred  cattle,  and  storage  rooms  for  im- 
plements and  food.  These  buildings  are  supplied  with 
water  from  a  large  tank,  which  is  kept  filled  by  a  wind 
mill.  There  have  recently  been  erected  three  large  silos 
in  connection  with  the  agricultural  experiment  station, 
and  students  will  have  the  advantage  of  practical  in- 
struction in  the  connection  of  silos  and  the  best 
method  of  proparing  ensilage. 

Permanent  Fund — In  November,  1876,  the  legis- 
lature formall}^  accepted  from  congress  the  gift  of  one 
hundred  and  eighty  thousand  acres  of  public  land  for 
the  endowment  of  an  agricultural  and  mechanical  col- 
lege. This  land  was  sold  for  $174,000,  which  sum  was 
invested  in  seven  per  cent  State  bonds.  As  under  the 
act  of  congress  neither  principal  nor  interest  of  this 
money  could  be  used  for  other  purposes  than  the  pay- 
ment of  officers'  salaries,  at  the  time  of  the  opening  of 
the  college  there  was  an  addition  to  the  fund  from   ac- 


THE  UNIVJ:RSITY  of  TEXAS.  149 

■cumulated  interest,  of  $35,000,  iind  both  sums  being 
invested,  the  latter  in  six  per  cent  bonds  of  the  State, 
furnish  an  annual  income  of  $14,280. 

Land — The  county  of  Brazos  donated  to  the  col- 
lege, two  thousand  four  hundred  and  sixteen  acres  of 
land  lying  on  each  side  of  the  Houston  and  Texas 
Central  railroad,  five  miles  from  Bryan  and  ninety-five 
miles  from  Houston. 

Grounds,  Farm  and  Stock — The  farm,  garden,  or- 
chard, barnyards  and  campus  are  included  in  the  in- 
closures  to  the  east  of  the  station.  The  farm  comprises 
about  two  hundred  acres.  This  is  devoted  solely  to  ex- 
perimental culture  and  the  production  of  forage  for 
stock.  The  orchard  of  eighty  acres  contains  a  large 
variety  of  young  fruit  trees  more  or  less  adapted  to 
this  climate.  The  garden  affords  experimental  work  to 
students  and  furnishes  an  abundance  of  vegetables  to 
the  mess  hall.  A  young  vineyard  has  been  started; 
many  of  the  vines  are  already  bearing  well.  Back  of 
these  are  the  piggery,  calf  lots,  barns  and  pastures  of 
about  four  hundred  acres.  The  college  now  owns  reg- 
istered cattle,  Dutch  Frisians,  Gallocwaj^s  and  Jerseys, 
besides  a  number  of  high-grade  shorthorns  and  com- 
mon cows  for  the  present  milk  supply.  The  swine  in- 
clude Essex  and  Berkshires.  During  the  next  session 
a  creamery  will  be  perfected  for  giving  instruction  in 
butter  making.  On  the  west  side  of  the  railroad  a 
pasture  of  eight  hundred  acres  has  been  enclosed. 

Apparatus — All  departments  of  instruction  are 
well  supplied  with  implements  and  instruments  of  the 
latest  and  best  forms.  The  agricultural  department  is 
equipped  with  hand  tools,  machinery  .and  mules  for 
farm  work.  The  machine  shops  are  well  furnished 
with  wood  and  metal  working  machinery  and  tools. 
The  chemical  and  phj^sical  laboratories  have  recently 
received  important  accessions  of  apparatus.  The  de- 
partment of  civil  engineering  is  supplied  with  a  full 
set  of  surveying  and  engineering  instruments. 

Military  Organization  and  Discipline — For  the  pur- 
pose of  maintaining  good  order  and  dicipline,aswell  as 
for  the  proper  execution  of  the  law  of  congress  requir- 
ing military  instruction  of  the  students,  they  are  or- 


]50  THE  UNIVERSITY   OF  TEXAS. 

ganized  into  a  battalion  of  two  or  more  companicH. 
The  battalion  is  under  the  immediate  command  of  the 
commandant.  '1  he  officers,  commissioned  and  non- 
commissioned, are  students  taken  lor  the  most  part 
from  the  first  and  second  classes.  They  are  ap[>ointed 
by  tlie  chairman  of  the  faculty  upon  the  recommenda- 
tion of  the  commandant,  and  their  appointment  and 
rank  is  made  to  depend  upon  the  active  and  soldierly 
performance  of  their  duties,  their  sense  of  duty  and 
responsibility,  and  their  general  good  conduct  and 
class  standing.  These  officers,  not  merely  at  drill,  but 
at  all  times  when  on  duty,  assist  in  keeping  good  order 
in  and  around  the  buildings.  In  their  various  positions 
of  graduated  responsibility  they  not  only  aid  mo»t  ef- 
ficiently in  miaintaining  discipline,  but  continually 
practice  and  are  trained  in  the  exercises  of  the  highest 
qualities  involved  in  obedience  and  command. 

BRANCH     FOR    COLORED    STUDENTS. 

The  legislation  intended  to  justify  the  use  of  Uni- 
versity funds  for  the  Prairie  View  Normal  School  is  re- 
viewed by  Governor  Koberts  in  his  message  of  April  6, 
1882,  to  the  Seventeenth  Legislature  and  is  amusing. 
According  to  the  governor's  statement  it  is  evident 
that  the  school  was  not  the  colored  branch  of  the  Uni- 
versity contemplated  by  the  constitution  (Art,  7,  Sec. 
14),  for  that  was  to  be  located  by  a  vote  of  the  people, 
and  no  such  location  had  been  made,  or  was  made,  till 
November,  1882,  when  it  was  fixed  at  Austin.  But  the 
A.  and  M.  College  in  Brazos  county  was  a  branch  of 
the  University;  so  the  colored  school  was  made  a  "nor- 
mal and  an  A.  and  M.  College  for  training  colored 
teachers"  and  "teaching  colored  youths"  in  Waller 
county,  and  as  such,  was  retained  under  the  control  of 
the  A.  and  M.  College  in  Brazos  county,  and  with  this 
name  and  its  uses  multiplied  was  thus  ready  set  forbeni- 
sons  from  any  quarter — from  free  school,  normal,  col- 
lege or  university  appropriations.  The  legislature  , how- 
ever, made  the  ridiculous  mistake,  as  to  designation  of 
a  fund,  by  providing  that  the  comptroller  set  apart  a 
specified  amount  for  it  annually  "out  of  the  interest 
cruing  from  the  University  fund  appropriated  for  the 


THE  UNIVERSITY  OF  TEX.-NS.  ]ol 

support  of  the  free  public  schools."  There  being  no 
such  fund  of  the  University,  Comptroller  Darden  lib- 
erally construed  it  to  mean  "a  simple  appropriation  out 
of  thti  University's  available  fund"'  as  being  the  intent 
of  the  legislature  for  his  government;  and  two  legisla- 
tures (Sixteenth  and  Seventeenth)  persisting  in  mak- 
ing appropriations  for  it  out  of  that  fund,  it  came  to  be 
regarded  as  an  addition  to  the  A.  and  M.  College  at 
Bryan,  entitled,  branch  of  a  branch  college  as  it  was, 
to  some  share  of  appropriations  from  the  University 
fund. 

Comptroller  Brown  who  succeeded  Mr,  Darden 
persistently  refused  to  admit  the  accounts  of  the  school 
under  such  appropriations,  on  the  ground  that  it  was 
unconstitutional  to  pay  them  out  of  the  University 
fund;  and  fihnlly  the  school  passed  out  of  consi<lera- 
tion,  even  under  the  strained  relations  assumed  for  it, 
as  having  any  claim  directly  upon  the  University;  and 
is  now  supported  from  the  same  source  from  which  it 
was  originally  started,  which  was  by  appropriation 
from  the  general  revenue,  under  an  act  of  Aug.  14, 
)876.  Under  that  act,  which  provided  for  "a  college 
for  the  education  of  colored  youths,"  a  large  tract  of 
land  with  houses  and  other  improvements  called  ''Alta 
Vista,"  near  Hempstead,  in  Waller  county,  was  pur- 
chased by  the  State,  an  appropriation  of  $20,000  hav- 
ing been  made  therefor,  and  the  school  having  been 
organized  under  the  direction  of  the  managers  of  the 
A.  and  M.  College  at  Bryan.  However,  having  soon 
failed  to  be  kept  up  for  want  of  students,  it  was 
changed  into  a  normal  school  for  colored  people  under 
the  name  of  the  'Trairie  View  Normal  School''  in  which 
the  students  are  supported  by  the  State  (Act.  of  1879). 
It  remains  a  branch  of  the  A.  and  M.  College  under 
direction  of  the  managers  of  the  Bryan  institution, 
and  is  now  well  oatronized,  and  is  doing  good  work 
for  the  colored  people. 

THE     ACADEMIC    DEPARTMENT. 

Tliis  department  was  provided  for  by  virtue  of  the 
action  of  the  University  regents  at  their  first  meeting 
Nov.  14,  1881,  when  they  decided  to  establish  as  soon 


154  THE  UNIVERSITY  OF  TEXAS. 

as  practicable  an  "Academic  Department,"  a  ''Depart- 
ment of  Law"  and  a  ''Department  of  Medicine."  The 
academic  department  wbicii  will  be  noticed  more  fully 
as  the  history  of  the  University  progresses  was  to  have 
one  professor  respectively  for  the  following  branches. 

i.  English  Language,  English  Literature  and  His- 
tory. 

2.  Chemistry. 

3.  Natural  Philosophy,  Astronomy,  Mechanics 
and  Meteorology. 

4.  Natural  History  and  Botany. 

5.  Mathematics  and  Practical  Engineering. 

6.  School  of  Mines,  Geology  and  Mineralogy 

7.  Moral  Philosophy  and  Ethics,  and  Political 
Economy. 

S.      Ancient  Languages — Greek  and  Latin. 

9.  Modern  Languages — kSpanish,  French  and  Ger- 
man. 

The  only  academic  chairs  filled  by  the  board  at 
that  meeting,  however,  were: 

1.  English  Language,  Literature  and  History — 
Leslie  Wag2;ener,  L.L.  D. 

2.  Physics  and  Chemistry— J.  W.  Mallet,  F.  R. 
S.,  L.L.  D. 

3.  Pure  and  Applied  Mathematics — ^W.  Leroy 
Broun,  L.L.  D. 

4.  The  i.atin  and  Greek  Languages  and  Litera- 
ture—Milton W.  Humphre3^s,  L.L.  D.,  Ph.  D. 

5.  Modern  Languages — H.  'J  allichet,  A.  M. 
Two  professors  for  the  law   department,  Gov.    O. 

M.  Roberts  and  Judge  R.  S.  Gould,  were  also  appoin- 
ted.* 

In  connection  with  these  selections,  the  regents 
stated  in  their  report  to  Governor  Roberts: 

"We  are  aware  the  number  of  professors  is  utterly 
inadequate  even  for  a  respectable  collegiate  institution, 
much  less  for  a  University  of  the  first  class  as  required 
in  the  constitution,  as  demanded  by  the  people  of 
Texas,  and  as  competent  to  afford  thorough,  comprehen- 


*  The  flr<-t  arlditioa  to  this  faealfy  was  by  M.e  e'ectiori  iu  ]833,  of 
Prof.  R.  L  Dabney.  A.  M.  D.D.,  L.L.  D..  ot'Virjiinia  to  the  chair  of 
Mental  and  Moral  iPhilosophy  and  Political  Science. 


THE  UNIVERSITY  OF  TEXAS.  153 

Hive  instruction  to  the  ^outli  of  Texas,  and  to  furnish 
the  scientific  i<;nowleiige  which  the  undeveloped  resour- 
ces of  our  great  State,  immediately  and  urgently  i-tand 
in  need  of.  General  equipment  and  material  for  in- 
struction are  as  indispensable  as  professors;  they  are  as 
indispensable  as  tools  and  material  are  to  any  of  the 
mechanic  ails  of  common  life.  In  view  of  the  wants 
just  specified,  the  regents  respectfully  state  that  all  the 
resources  of  the  University  already  alluded  to,  if  uti- 
lized to  their  utmost,  are  inadequate  to  the  indispensa- 
ble wants  of  the  University  for  imparting  instruction. 
This  is  not  all.  Without  the  equii)ment  and  the  mater- 
ials, and  other  appliances  and  a  separate  building  for  a 
chemical  laboratory,  as  adverted  to  above,  the  Univer- 
sity would  in  vain  expect  or  hope  to  present  a  faculty 
which  would  meet  Just  public  expectation.  The  pro- 
fessors already  chosen  are  gentlemen  eminent  in  quali- 
fication;^ and  weW  established  reputations.  'l"he  names 
•of  other  gentlemen  are  before  the  board,  similarly  dis- 
tinguished, and  ready  to  fill  the  other  professorships 
still  vacant.  But  no  gentlemen  worthy  to  teach  in  our 
University,  can  possibly  be  retained  or  hereafter  secured 
unless  there  be  means  furnished  him  to  do  such  work  as 
his  reputation  and  the  requirements  of  the  University 
imperatively  demand." 

The  report  adds:  "It  would  be  a  violation  of  del- 
icacy to  name  gentlemen  who  were  candidates  for  pro- 
fessorships, but  not  chosen,  and  also  gentlemen  who 
are  candidates  for  chairs  hereafter  to  be  supplied,  but 
the  board  of  regents  deem  it  proper  to  state  in  general 
terms  to  your  Excellency,  that  the}'  have  liad  before 
them  for  choice,  respectively,  a  good  number  of  the 
most  distinguished  scholars,  and  scientists  in  America, 
many  of  them  of  world  wide  reputation."  Among 
the  prominent  gentlemen  who  Avere  not  applicants  but 
were  solicited  to  accept  chairs  were  Judge  Cooley  of 
Michigan,  Professor  l.eComte  of  California,  and  Profes- 
sor W.  T.  Harris,  now  United  States  Commissioner  of 
Education,  each  at  a  salary  of  $4,000. 

Dr.  J.  W.  Mallet  afterwards  first  chairman  of  the 
academic  faculty  of  the  University  of  Texas,  who  at  the 
time  of  his  appointment  as  professor,  was  a  member  of 


IM  THE   UNlV'EKrflTY  OF  TEXAS. 

the  faculty  of  the  University  of  Virginia,  was  soHcited 
by  the  regents  to  come  to  Austin,  and  did  so  to  consult 
with  them  on  various  subjects  in  advance  of  the  open- 
ing of  the  University.  The  results  of  his  observations 
and  the  views  expressed  to  the  regents  by  that  dis- 
tinguished educator  are  of  such  interest  in  connection 
with  its  initiatory  proceedings,  that  it  is  best  to  give 
them  in  his  own  language: 

Austin  Texas,  Jan.  10,  .883. 
CoL.    AsHBKL    Smith. 

President  Board  of  Regents,  University  of  Texas. 

Dfak  Sir — Having  come  to  Austin  in  response  to 
the  invitation  to  become  connected  with  the  University 
of  Texas,  with  which  I  have  been  honored  by  the 
Eoaid  of  iJegents,  with  the  object  of  learning  more 
definitely  the  conditions  under  which  the  institution  is. 
to  be  inaugurated,  I  have  to  thank  you  and  the  other 
gentlemen  of  the  board,  for  the  kindness  with  which 
you  have  given  me  the  amplest  facilities  for  obtaining 
the  desired  information. 

Permit  me  to  say  that  in  the  choice  of  a  seat  for 
the  proposed  University,  in  the  general  character  of  the 
provisions  made  for  its  support  in  future  years,  in  the 
breadth  and  soundness  of  the  plans  which  your  board 
has  originated  and  by  whicli  its  action  so  far  has  been 
guided  and  in  the  personal  and  professional  character 
of  all  the  gentlemen  who  so  far  constitute  the  adminis- 
tration and  teaching  staff  of  the  important  institution 
to  be  soon  put  in  operation,  you  have  secured  the  chief 
conditions  for  the  attainment  of  sncli  real  success  as 
will  be  at  once  recognized  by  all  intelligent  friends  of 
education  throughout  the  country. 

Allow  me,  however,  to  say  also,  frankly,  that  one 
point  seems  to  remain  in  unsatisfactory  form.  It  is  im- 
possible to  overrate  the  importance  of  the  University 
of  Texas  making  a  good  beginning  of  actual  teaching 
work.  If  at  the  outset  the  impression  be  made  upon 
its  first  students  and  the  public  that  the  institution  i^- 
not  prepared  to  do  thorough  work  within  such  scope  as 
it  professes  to  occupy;  that  its  efficienc}'  is  among  the 
possibilities  of  the  future,  but  not  among  the  realities 
of  the  present,  long  years  may,  and  probably  will,  pass 


'J'HE  UMVPJHSITY  OF  TEXAS.  ]5.V 

beforO  this  evil  reputation  can  be  shaken  of}"  and  tiie- 
confidence  of  the  people  of  Texas  be  secured.  In  or- 
der to  actually  do  ^ood  work  from  the  first,  very  con- 
siderable expenditure  will  be  needed  for  the  material 
equipment  ot  the  several  departments  of  instruction^ 
the  provision  of  a  woi-king  laboratory,  apparatus,  speci- 
mens, diagrams,  books,  and  lecture  appliances,  as  well 
as  for  many  general  expenses  incident  to  the  com- 
mencement of  activity  in  such  an  institution  as  is  con- 
templated. A  wise  provision  of  law  prevents,  as  I  un- 
derstand, the  use  for  such  purposes  of  any  of  the  per- 
manent fund  of  the  University.  Only  income  can  be 
used  Ihe  design  of  the  law  givers  of  Texas,  that  the 
proposed  University  shall  be  free  to  all  the  people  of 
Texas,  precludes  the  possibiltiy  of  (obtaining  the  neces- 
sary means  from  tuition  fees.  6uch  means  must  come 
from  the  State  herself  for  the  benefit  of  her  children, 
and  the  income  from  the  present  will  not  suffice.  If 
your  board  can  obtain  from  the  legislature  such  addi- 
tional endowment  as  will  provide,  not  necessarily  for 
all  the  work  tlie  University  may  be  able  to  do  in  the 
future,  but  for  the  really  essential  equipment  for  th& 
commencement  of  work  in  an  institution  of  learning 
of  high  grade,  a  university  in  fact,  and  not  merely  in, 
name,  I  believe  that  your  success  is  thoroughly  ensured 
so  far  as  human  preparation  can  make  it  so.  If,  on 
the  contrary,  a  ftilse  or  a  feeble  start  be  made,  grave 
doubts  must  be  felt  as  to  the  attainment  of  any  such 
success  as  will  satisfy  the  people  of  Texas,  at  any  rate 
within  such  time  as  the  present  generation  is  concerned 
with. 

I  have  the  hiOnor  to  be,  sir, 

Very  respectfully. 

Your  obedient  servant, 

J.  W.  Mallet. 

The  members  of  the  new  faculty  of  the  academic 
department,  or  most  of  them,  met  soon  after  their  ap- 
pointment in  Nashville,  Tenn.,  to  consult  with  Colonel 
Ashbel  Smith,  president  of  the  board  of  regents,  who 
went  there  for  the  purpose,  as  to  the  best  methods  of 
putting  the  department  into  operation  and  the  curricu- 
lum of  studies  to  be  adopted.     Dr.  Humphreys,  of  the 


156  THE  UNIVERSITY  OF  TEXAS. 

new  fuculi}^  lived  in  Nashville,  where  he  was  a  professor 
in  Vanderbilt  University,  and  one  object  of  the  meeting 
there  was  to  afford  Colonel  Smith  an  insight  into  the 
methods,  appliances  and  advantages  of  that  recently 
established  but  finely  endowed  and  popular  institution, 
i\s  some  index  to  the  requirements  of  the  new  University 
in  Texas. 

THE    LAW    DEPARTMENT. 

"This  department  has  been  an  integral  part  of  the 
University  from  the  first,  having  been  organized  at  the 
same  time  as  the  academic  department  at  Austin.  It 
has  been  a  great  help  to  the  University.  It  has  attracted, 
as  a  general  thing,  a  more  mature  class  of 'studeuts,  and 
its  graduates  have  uniformly  been  instrumental  in 
turning  towards  the  University  the  steps  of  students 
who  desired  collegiate  learning.  This  department  has 
not  only  been  advantageous  to  the  University,  but  it 
has,  it  is  believed,  been  of  signal  service  to  the  State. 
It  has  kept  in  Texas  a  large  number  ot  young  men  who 
would,  in  all  probability,  have  gone  to  other  States  for 
their  professional  training.  They  have  been  educated 
by  professors  familiar  with  Texas  jurisprudence,  and, 
when  graduated,  they  have  naturally  carried  away  with 
them  a  respect  for  the  laws  of  the  btate,  and  a  pride  in 
its  history  and  in  the  achievements  of  its  people  that 
would  be  desirable  to  instil  into  the  hearts  of  all  its 
citizens. — Regents'  Report. 

THE    MEDICAL    DEPARTMENT. 

The  act  of  February  11,  185S,  establishing  the  Uni- 
versity provided  among  other  things,  for  "instruction 
in  surgery  and  medicine,"  and  act  of  March  MO,  1881, 
required  that  the  medical  department  be  located  sep- 
arate from  the  University  proper,  if  the  vote  of  the 
people  so  determined."  The  vote  resulted  in  its  loca- 
tion at  Galvestion.  The  expense,  however,  of  putting 
the  main  University  into  operation  at  Austin  and  the 
large  grants  from  the  University  fund  which  the  legis- 
lature continued  to  bestow  upon  the  A.  &  M.  College 
at  Bryan,  seemed  to  preclude  the  possibility  of  an 
early  organization  of  the  "Medical  Branch  of  the  Uni- 


THE  UNIVERSITY  OF  TEXAS.  157 

versity,"  as  the  legislature  termed  it,  till  the  recent 
offer  of  grounds  and  buildings  for  its  uses  by  the  city 
and  citizens  of  Galveston,  backed  by  the  earnest  efforts 
or  Hon.  Walter  Gresham  of  that  city,"  as  chairman  of 
the  House  finance  committee,  stirred  the  Twentieth 
Legislature  to  action,  resulting  in  the  adoption  of  the 
following  provisions  in  the  general  appropriation  bill, 
passed  at  the  special  session,  (General  Appropriation 
Act  May  17,  IbSH): 

"As  a  loan  to  the  available  fund  of  the  University  of  Tewis  to  be 
placed  to  the  credit  of  s^iid  fund  out  of  the  indeuiniry  luiid  now  in 
tiie  State  Trea-ury,  and  to  be  paid. to  the  Srate  out  of  the  revenues 
of  the  University  on  or  Defure  January  1,  I'JIO.  without  interest. 
SU'S.OOO,  Of  which  the  isum  of  $50,000  i.s  hereby  appropriated  and 
set  ai'art  to  be  used  in  the  coustruetion  of  buiidiuf^s  for  xlw  Medical 
Branch  of  thi>  Univcrsilv  of  'JVxa«,  tit  tlie  ''ity  of  (jalvesion  ;  Pro 
vided.  That  th--  said  city  of  Galveston  i-hail  donate  to  the  Univer- 
sity of  Texas  block  GU8,  in  sa'd  city.  lo  be  us(  d  for  the  Medical 
Branch  of  said  instituton  And  provided  furtlier.  That  the  execu- 
tors of  the  esta<e  01  John  Se.ily,  deceased,  sliall  a'jree  to  con- 
struct, fon  said  block,  at  a  cost  not  less  than  $50,000.  a  medical 
hospital,  whieli.  wliea  conipleted.  is  to  be  donated  to  tJie  M-dical 
BrMneh  of  the  University  of  Texas,  ani  to  be  und^r  the  control  of 
the  Hoard  of  Rt'fj^ents  of  said  University  ;  Provided  further.  That 
this  loan  shall  be  in  full  paynietjt  and  satisfaction  of  all  claiins  of 
the  ^University  of  Texas  ayainst  the  State  of  Texas  for  moneys 
drawn  from  the  Universitj'  fund  by  said  State. 

Even  this  concession  as  a  loan  was  barely  gained 
by  combinations  forcing  an  all-around  compromise. 

Commenting  on  this  action  of  the  Twentieth  Leg- 
islature in  connection  with  the  University  claims, 
amounting  with  interest  to  ^431,1-^8.87,  against  the 
State,  the  regents  in  their  third  biennial  report  to  the 
governor,  December,  1888,  say: 

"Of  this  amount,  it  was  calculated  that  the  items 
of  interest  and  the  amount  misappropriated  by  the  leg- 
islature to  the  Prairie  View  ^iichool  would  be  allowed. 
These  amounts  ($302,633  55)  Avould  have  enabled  the 
regents  to  finish  and  equip  the  main  building  at  Aus- 
tin and  finish  and  equip  the  building  for  the  medical 
school  at  (lalVeston." 

"It  will  be  noticed  that  it  is  distinctly  admitted  that 
moneys  were  drawn  from  the  University  fund  by  the 
State,  and  as  the  correctness  of  the  statements  in  regard 
to  the  amounts  of  the  respective  claims  has  never  been 
questioned,  the  supposition  is  reasonnble  that  these 
amounts  were  found,  upon  examination,  to  be  as  given 


158  THE   UNIVERSITY   OF  TEXAS. 

by  the  Regents  to  your  Excellency.  It  remains,  there- 
fore, that  the  legislature  has  paid  a  debt  of  $431,188.85 
b}^  a  loan  of  ^125,000.00.  Moreover,  the  provision 
that  "tlie  loan  ^hall  be  in  full  payment  and  satisfaction 
of  all  claims,"  will,  perhaps,  be  construed  so  as  to  cut 
off  the  University  from  asking  an  equivalent  for  the 
Navigation  lands,  for  the  lands  in  conflict  in  Grayson 
and  McLennan  counties,  and  for  the  money  drawn 
from  the  University  fund  to  pay  clerks  in  the  depart- 
ments. This  being  the  case,  the  Regents  are  shut  off 
from  all  sources  from  which  they  can  secure  an  im- 
mediately available  fund,  except  another  loan.  They, 
therefore,  respectfully  ask  that  a  loan  of  $200,000  be 
placed  to  the  credit  of  the  available  fund  of  the  Uni- 
versity of  Texas  on  the  same  terms  as  the  loan  of  act 
approved  May  17,  l^-SH;  of  which  $125,000  is  to  be 
u.^ed  in  finishing  and  equipping  the  main  University 
building  at  Austin,  and  $75,000  in  finishing  and  equip- 
ping the  Medical  School  building  at  Galveston." 

One  reason  for  hoping  that  the  iState  would  make 
this  loan,  say  of  $200,000.  was  based  on  the  fact  that 
the  State  had  received  nearly  $1,000,000  indemnity 
money  from  the  federal  government  for  frontier  de- 
fense. 

Following  tlie  action  of  th(i  Twentieth  Legislature, 
all  the  last  legislature  would  do  for  the  University  was 
the  adoption  of  the  following,  in  the  general  appropri- 
ation bill,  approved  April  8,  18SI): 

"For  thf  support  and  maintenance  of  the  S'^afe  University,  all  of  the 
avaiable  fund  to  be  under  th^  c  mtiol  of  the  Biarl  of  Recrente,  less 
the  appropriation  herein  mside  tor  the  Agrif-ultiiral  and  Meeh^ni.*al 
Ct  Ueiie.  fur  purcha-e  of  grounds  in  the  city  of  rfalve-tnn  for  the 
location  of  the  Medical  Branch  of  the  University  of  Texas,  the 
sum  of  $25,000  to  be  paid  out  of  tieneral  revenue,  or  so  much 
thereof  as  may  be  necessary  ;  Provide  1,  The  city  of  G«lvp^ton,  or 
its  inhabitants,  sliall  donate  the  sum  of  $35. COO  to  be  used  in  addi- 
tion to  the  $30  000  heretofore  approori  ired  bv  the  State  for  the 
constuction  of  buildings  for  said  Medical  Branch  at  the  city  of 
Galveston. 

'For  support  of  the  University  out  of  the  general  reuenue;  Provided, 
The  University  spend  an  equal  atnonut  out  of  the  availal)ie  Uni- 
versity fund  for  couQiDleting  and  furnishing  the  UniversiLy  building 
at  Austin— $25,000. 

The  regents  are  arranging  for  the  earlv  organization 
of  the  medical  department  as  soon  as  the  buildings  can 


THE  UNIVERSITY  OF  TEXAS.  159 

be  completed,  and  on  as  substantial  basis  as  the  outfit 
provided  \vill  admit.  The  city  of  Galveston  has  al- 
ready built  a  large  hospital  known  as  "Sealy  Hospital," 
and  constructed  in  accordance  with  arrangements  with 
the  executor  of  the  Sealy  estate,  at  a  cost  of  |60  OUO, 
which  has  been  deeded  to  the  frtate  and  placed  in 
charge  of  the  regents  for  the  use  and  b(3netlt  of  the 
medical  school. 

THE    MKDICAL    DEPARTMENT    BUILDINGS. 

The  amalgamation  of  the  Sealy  Kospital,  with  the 
medical  department  of  the  State  University,  results 
indirectly  from  a  provision  in  the  will  of  Mr.  John 
Sealy,  who  bequeathed  the  sum  of  $25,000  for  charit- 
able purposes,  to  be  api:>lied  in  the  discretion  of  his 
executors,  followed  by  further  action  ol'  Mr.  George 
Sealy,  as  executor,  and  Mrs.  John  Sealy,  as  executrix 
and  principal  legatee,  in  extending  the  benefits  of  the 
provision  In''  further  grants,  altogether  aggregating 
about  $70,000  from  the  estate. 

The  donation  from  the  Sealy  estate  was  originally  to 
the  city  of  Galveston,  on  condition  that  the  city  would 
donate  the  south  half  of  the  city  hospital  block  for  a 
site,  and  agree  to  conduct  a  hospital  thereon.  The  city, 
after  formally  accepting  the  donation,  and  with  the 
assent  of  the  Sealy  executors,  offered  the  State  the 
Sealy  Hospital  and  the  old  hosi.ital  buildings  thereon, 
upon  con(iiti(ni  that  the  legislature  would  agree  to 
appropriate  the  sum  of  $50  000  towards  the  erection  of 
the  medical  department  building  of  the  University  in 
Galveston,  which  question  had  alread}^  been  determined 
in  favor  of  Galveston  by  a  vote  of  the  whole  State.  The 
legislature  accepted  th's  proposal  and  made  an  appro- 
priation as  asked.  At  the  next  meeting  of  the  legis- 
lature Galveston  offered  to  donate  $25,000,  upon  con- 
dition that  the  State  would  appropriate  a  like  sum  for 
the  college.  This  proposal  was  accepted  and  the  State 
purchased  the  block  of  ground,  the  city's  contribution 
being  applied  towards  completing  the  medical  college 
building.  The  furnishing  and  equipping  of  the  hos- 
pital was  done  by  the  city  of  Galveston,  and  contri- 
butions were  made  by  the  citizens  of  some  $6,000  to 


150  THE  UNIVERSITY  OF  TEXAS. 

^7,000  for  the  equipment  of  The  Texas  Medical  Col- 
lege and  Hospital,  the  medical  school  now  being  carried 
on  in  Galveston.  This  equipment  is  to  be  turned  over 
to  the  medical  department  of  the  State  University  a» 
soon  as  that  department  is  put  into  operation. 

As  the  tacts  actually  transpired,  the  fc^ealy  executors 
donated  tlic?  hospital  to  the  city,  as  the  inscription  on 
the  building  states: — ''The  gift  of  John  Sealy  to  the 
city  of  Galveston,  for  the  benefit  of  humanity  and 
science."  The  city  deeded  it  to  the  State,  under  terms 
securing  perpetually  in  the  regents  of  the  University, 
a  voice  in  the  management  of  the  institution,  so  as  to 
better  adapt  it  to  the  purposes  of  a  medical  college  hos- 
pital. The  city  now  holds  possession  of  the  hospital 
under  a  twenty-five  years  lease  from  the  University 
regents,  the  conditions  of  the  lease  being  such  as  to 
enable  the  regents  as  trustees  for  the  State,  on  behalf  of 
the  University,  of  the  hospital  property,  to  exert  a 
wholesome  control  in  the  general  management  of  the 
hospital,  and  among  other  things,  securing  that  the 
faculty  of  the  medical  college  shall  constitute  forever 
the  medical  and  surgical  staff'  of  The  John  Sealy 
Hospital  with  all  facilities  for  clinical  instruction. 

Pending  the  establishment  of  the  medical  depart- 
ment of  the  University  by  completion  of  the  college 
building,  and  awaiting  appropriations  r.ecessary  to 
equip  it  and  put  the  college  into  operation,  the  hospital 
premises  are  used  by  The  Texas  Medical  College,  which 
is  already  in  operation,  as  stated,  and  is  in  charge  of 
the  following  faculty:  Dr.  B.  E.  Hadra,  Dr.  I.  A. 
West,  Dr.  J.  F.  Y.  Paine,  Dr.  H.  T.  Cooke,  Dr.  Ed. 
Randall,  Dr.  J.  H.  Wysong,  Dr.  George  Dock,  Dr.  C. 
W.  Trueheart,  Dr.  George  H.  Lee,  Dr.  George  P.  Hall, 
Dr  J.  W.  Pettus  and  Dr.  Charles  C.  Barrell. 

Following  the  action  of  the  legislature  a  meeting  of 
the  University  regents  was  held  in  Galveston  June  20, 
1889,  ill  the  Ball  High  School  building,  when  all 
the  members  being  present  and  pending  the  ques- 
tion of  the  location  of  the  medical  college  (branch 
of  the  University),  a  resolution  offered  by  Regent 
Thompson  was  adopted,  and  a  committee  was  ap- 
pointed to  effect  a  lease  of  the  Sealy  Hospital  to  the 


K  c  "  r  r 


tw  '■%    il'i     ,11  ri 


1^ 


i^^ 


THE    MEDICAL    COLLEGE    AT    GALVESTON 


r\ 


THE  UNIVERSITY  OP  TEXAS.  161 

city  council  of  Galveston  for  a  term  of  years,  reserving 
all  clinical,  medical,  or  other  rights  which  are  neces- 
sary or  proper  for  the  medical  department  of  the  Uni- 
versity." The  coramitte  was  instructed  to  investigate 
and  record  the  State's  title,  and  perfect  the  same  if 
defective,  before  making  the  lease.  Dr.  Trueheart,  of 
Galveston,  was  present  at  the  meeting  of  the  board  to 
represent  the  interests  of  the  city  in  the  matter.  The 
board  visited  various  sites  proposed  for  the  location  of 
the  medical  branch,  and  invited  Messrs.  George  ^ealy 
and  Walter  Gresham  to  unite  with  them  in  selecting 
for  purchase  the  best  site  thatcould  be  procured  for  the 
college.  Resolution  by  Regent  Shepherd  w^as  adopted, 
"that  $25,000,  or  as  much  thereof  as  necessary,  accord- 
ing to  the  appropriation  of  the  Twenty-first  Legislature, 
be  appropriated  for  the  purchase  of  land  within  the 
limits  of  the  city  of  Galveston  for  the  location  of  the 
Medical  Department  of  the  University  of  Texas ;  pro 
vided,  that  before  said  sum,  or  any  part  thereof,  shall 
be  expended,  the  city  of  Galveston  shall  have  deposited 
with  the  treasurer  of  the  State  of  Texas  the  sum  of 
$25,000  for  the  Ui^iiversity  for  the  purpose  provided  in 
the  act  of  the  legislature."  The  building  committee 
was  authorized  to  make  and  perfect  the  purchase  of  the 
land,  and  Messrs.  Sealy  and  Gresham  were  invited  to 
act  with  the  committee.  Original  plans  of  N.  J.  Clay- 
ton, which  had  been  enlarged  to  correspond  with  the 
increased  appropriation,  were  accepted,  and  the  com- 
mittee was  authorized  to  advertise  for  bids  for  con- 
structing the  building.  They  finally  reported  the 
selection  and  purchase  of  a  suitable  block  of  land  for 
the  college,  near  the  John  Sealy  Hospital,  at  $22,889.46 
and  that  the  proper  deeds  were  received.  Under  the 
provisions  of  the  grant  of  money  by  the  legislature  to 
build  the  college,  that  the  city  of  Galveston  should 
donate  a  like  amount  with  the  State,  the  regents  re- 
solved, that  before  any  other  steps  be  taken  by  them 
looking  to  the  erection  of  the  college  building,  the  city 
of  Galveston  should  deposit  in  bank  in  that  city,  the 
sum  of  $25,000,  subject  to  the  control  of  the  regents. 

These  provisions  were  finally  complied  with,  and  the 
college  building  is  now  nearing  completion.      The  leg- 


162  THE  UNIVERSITY  OF  TEXAS. 

islature  will  be  applied  to  for  an  appropriation  to  furnish 
it,  ready  for  putting  the  medical  department  of  the 
University  into  operation  next  session.  The  hospital 
has  been  leased  by  the  regents  to  the  city  for  twenty, 
five  years  on  the  tbllowing  terms:  i^n  annual  rent  of 
one  dollar,  and  on  condition  that  the  city  of  Galveston 
will  use  the  property  exclusively  for  hospital  purposes, 
and  that  the  hospital  shall  be  known  as  the  John  tSealy 
Hospital.  The  city  is  to  provide  all  officers  and  em- 
ployes, and  furnish  and  equip  the  buildings  used  for 
hospital  purposes  with  all  furniture,  stores,  medicines 
and  appliances  necessar}^  to  make  the  same  in  appoint- 
ment and  equipment  a  first  class  hospital,  as  may  be 
determined  by  the  city  council  for  the  cure  of  sick, 
wounded  and  disabled  persons,  and  will  maintain  the 
same  as  such  during  the  term  of  twenty-five  years  free 
of  cost  and  expense  to  the  State  of  Texas;  provided, 
however,  this  shall  not  apply  to  tlie  visiting  medical  or 
surgical  stafi  of  the  hospital  who  shall  hereafter  be 
provided  and  designated  by  the  board  of  regents  of 
the  University  of  the  State,  and  who  shall  serve  gratu- 
itously. The  city  is  to  keep  the  property  insured  at 
two-thirds  of  its  estimated  insurable  value,  the  policies 
to  be  payable  to  the  University  regents  for  the  State, 
and  the  insurance  money  to  be  used  for  repair,  restor- 
ation or  rebuilding  of  structures  equal  in  all  respects  to 
the  original.  The  city  is  to  keep  the  buildings  in  good 
repair,  ordinary  wear  and  losses  excepted. 

The  State,  through  the  regents,  reserves  the  right,  at 
any  and  all  times,  to  enter  upon  the  premises,  and  to 
alter  or  improve  them  at  the  iState's  expense,  the  better 
to  make  the  hospital  subserve  the  purposes  of  a  medi- 
cal college  hospital  to  the  medical  department  of  the 
State  University;  provided  that  in  so  doing  the  use  of 
the  premises  by  the  city  for  the  purposes  declared  in 
the  lease  shall  not  be  materially  interrupted  or  im- 
paired. 

The  sixth  clause  of  the  lease  reads :  "That  the  State, 
through  the  Board  of  Regents  of  the  University, 
reserves  the  right  of  use,  by  the  faculty  of  the  Medical 
Department,  of  the  operating  amphitheatre,  the  wards 
and  the  grounds  of  said  hospital  property,  for  the  pur- 


THE  UNIVERSITY  OF  TEXAS.  163 

poses  of  and  so  far  as  may  be  necessary  to  the  clinical 
instruction  of  students  attending  the  Medical  College 
of  the  State,  located  at  Galveston ;  also  the  right  for 
such  purposes  to  the  special  conduct  of  the  treatment 
of  all  charity  patients  of  said  hospital.  And  the  said 
city  hereby  agrees  to  furnish  all  the  facilities  that  the 
said  hospital  may  afford  for  the  legitimate,  clinical  and 
other  teaching  of  the  students  attending  the  said  Medi- 
cal Department,  and  also  to  place  at  the  disposal  of  the 
faculty  of  the  Medical  Department,  as  far  as  may  be 
required  by  said  faculty,  for  dissecting,  pathological 
and  other  purposes  of  instruction,  the  dead  bodies  of 
all  charity  patients  who  may  die  in  said  hospital  and 
of  which  the  said  city  may  have  the  right  of  disposi- 
tion." 

The  seventh  section  reads:  "That  while  the  said 
hospital  must  of  necessity,  under  the  provisions  of  the 
present  charter,  be  under  the  control  of  the  Board  of 
Health  of  the  city,  yet  it  is  understood  and  agreed  that 
the  city  council  will  immediately  on  the  assembling  of 
the  next  Legislature  of  the  State  of  Texas  in  regular 
session,  apply  for  such  amendment  or  amendments  to 
its  present  charter  as  will  place  the  management  of  the 
John  Sealy  Hospital  under  the  exclusive  control  of  a 
special  board  of  managers,  to  be  known  as  the  John 
Sealy  Hospital  Board,  to  be  chosen  or  appointed  every 
two  years  and  within  thirty  days  after  the  installation 
of  each  new  board  of  council  of  the  city  of  Galveston, 
and  to  consist  of  five  members  as  follows:  Two  from 
the  city  council  of  the  city  of  Galveston,  one  of  whom 
shall  be  the  chairman  of  the  committee  on  hospital 
and  health,  and  the  other  the  chairman  of  the  com- 
mittee on  finance  and  revenue;  two  to  be  named  by 
the  board  of  regents  of  the  University  of  the  State, 
and  these  four  to  select  a  fifth;  provided,  however,  that 
all  the  members  of  said  John  Sealy  Hospital  Board 
shall  be  resident  citizens  and  tax  payers  of  the  city  of 
Galveston.  And  the  said  Joha  Sealy  Hospital,  when 
so  organized,  shall  have  the  exclusive  right  to  appoint 
the  house  surgeon,  steward,  matron,  nurses  and  such 
other  subordinate  oiBficers  and  employes  as  may  be  re- 
quired for  carrying  on  the  said  hospital;  to  designate 


164  THE  UNIVERSITY  OF  TEXAS. 

their  duties,  fix  or  change  their  salaries  or  compensa- 
tion, and  to  suspend  or  discharge  such  officers  and 
employes  at  pleasure;  provided,  always,  however,  that 
the  said  board  shall  in  no  event  and  in  no  one  year 
exceed  in  their  expenditures  the  annual  allowance  set 
apart  by  the  city  council  for  defraying  the  expenses  of 
said  hospital,  the  said  council  reserving  the  exclusive 
right  at  all  times  to  regulate  and  determine  the  amount 
of  money  to  be  expended  in  carrying  on  or  conducting 
the  said  "hospital.  The  said  John  k^ealy  Hospital  shall 
also  have  the  exclusive  right  to  make  rules  and  regula- 
tions for  the  management  and  conduct  of  the  hospital 
in  all  respects.  In  short,  to  have  the  exclusive 
management  and  control  of  the  internal  government 
thereof." 

The  eighth  section  reads:  '"It  is  understood  and 
agreed,  that  should  the  city  council  fail  or  neglect 
to  apply  to  the  legislature  of  the  fc^tate,  at  its  next  regu- 
lar session,  for  the  passage  of  such  amendment  or  amend- 
ments to  the  city  charter  as  are  herein  contemplated, 
and  as  have  already  been  formally  pledged  by  said 
council,  by  resolution  adopted  September  7,  1869,  or, 
after  so  applying  and  being  unsuccessful  in  the  effort, 
shall  fail  or  neglect  to  apply,  at  each  subsequent  regu- 
lar session  of  the  legislature  held  during  the  period 
stipulated  in  said  lease,  for  such  amendment  or  amend- 
ments to  the  said  charter,  until  successful  in  procuring 
the  same,  either  as  herein  contemplated  or  in  such 
modified  or  changed  form  as  the  legislature  may,  itself, 
see  proper  to  make;  then  and  upon  such  neglect  or 
failure  to  apply  for  said  amendment  or  amendments, 
the  said  lease  shall,  at  the  option  of  the  board  of  re- 
gents of  the  University,  acting  for  the  State,  terminate, 
and  said  regents,  acting  for  the  State,  shall  have  the 
right,  at  any  time  after  the  adjournment  of  the  legisla- 
ture to  Avhich  said  council  so  failed  or  neglected  to 
apply,  to  enter  upon  and  take  possession  of  the  said 
John  Sealy  Hospital,  grounds  and  premises,  and  eject 
therefrom  any  and  all  persons  whomsoever." 

The  ninth  section  regulates  the  admission  of  chari- 
table and  pay  patients.  The  tenth  section  provides 
that  the  financial  affairs  of  the  hospital  shall  be  under 


THE  UNIVERSITY  OF  TEXAS.  165 

the  exclusive  control  of  the  city  of  Galveston.  Other 
sections  relate  in  detail  to  the  management  of  the 
hospital,  and  the  last  section,  (section  17),  gives  the 
city  of  Galveston  the  right  to  renew  the  lease  upon 
like  terms  and  conditions,  upon  giving  ninety  days 
notice  next  before  the  expiration  of  the  lease,  which  is 
signed,  Thos.  D.  Wooten,  president  of  the  board  of 
regents  of  the  University  of  Texas,  and  A.  P.  Wool- 
dridge,  secretary  of  the  board,  and  by  R.  L.  Fulton, 
mayor  of  the  city  of  Galveston,  and  Dan'l.  J.  Buckley, 
city  clerk. 

The  hospital  occupies  the  same  block  with  the  col- 
lege, standing  about  sixty  feet  from  the  college  build- 
ing, and  is  well  equipped.  The  college  itself  is  a 
model  of  beauty  and  usefulness  in  its  design,  and  will 
be  provided  with  every  desirable  convenience,  and  the 
most  complete  equipments  that  the  means  w^iich  the 
legislature  ma}^  grant,  will  afford.  Both  buildings 
have  the  charming  advantage  of  location  directly  on 
the  beach  of  the  Gulf  of  Mexico. 

The  following  description  of  the  college  is  taken 
from  a  copy  of  the  Galveston  News,  furnished  to  the 
author  by  Mi*.  Dudley  D.  Bryan,  city  editor  of  that 
paper : 

"The  building  is  being  constructed  by  the  State  and 
will  be  used  in  connection  with  the  John  Sealy  Hospi- 
tal, it  has  h  frontage  on  the  strand,  between  Ninth 
and  Tenth  streets,  of  two  hundred  feet.  There  is  a 
breadth  of  seventy  feet  for  the  main  building  and  cir- 
cular wings,  with  a  central  projection  and  portico 
extending  twenty  feet  on  the  front,  and  a  staircase  and 
boiler  room  projection  in  the  rear,  on  the  bay  front, 
extending  forty  feet,  making  a  total  width  of  one  hun- 
dred and  thirty  feet.  The  length  of  the  structure  is 
ninety-two  feet,  the  height  of  the  central  pavilion  one 
hundred  and  two  feet,  the  height  of  the  boiler  and 
general  toiling  rooms  is  48  feei>,  and  the  smokestack 
connection  with  the  same  looms  up  to  one  hundred 
and  five  feet.  The  building  is  in  the  modern  plan  of 
romanesque  design,  the  same  which  has  been  adopted 
by  the  most  eminent  American  architects  in  their  best 
designs    for    collegiate    and    public    buildings.      The 


166  THE   UNIVERSITY   OF  TEXAS. 

leading  features  of  the  exterior  are  the  unique  and 
massive  round  arches,  deep  projecting  pilasters  and 
circular  buttresses  terminating  the  principal  angles. 
There  is  also  an  arcade  of  small  windows,  which  form 
an  effective  finish  for  the  circular  wings  and  main 
front.  The  building  is  elevated  upon  a  basement 
twelve  feet  high  which  is  made  up  of  colossal  piers 
and  arched  constructions,  and  the  foundations  consist 
of  heavy  isolated  pieces.  This  is  a  plan  adopted  by 
Mr.  Clayton  in  construction  of  his  largest  buildings 
here,  and  it  is  a  plan  that  has  been  approved  by  leading 
architects  in  Chicago  and  other  localities  where  the 
surface  foundation  is  similar  to  that  of  Galveston.  The 
basement  will  be  used  for  a  boiler  room,  janitor  room, 
and  will  also  contain  the  cauldron  room  and  the  tank 
room.  These  are  connected  by  a  dumb  waiter  to  the 
dissecting  room  on  the  third  floor.  An  elevator  will 
connect  the  basement  with  the  other  floors.  The  main 
interior  staircase  also  leads  down  to  the  basement,, 
which  will  be  tiled  in  the  principal  part  and  paved  in 
the  other.  Under  the  main  entrance  porch  will  be  a 
porte  cochere  for  carriages  and  other  vehicles. 

''A  spacious  flight  of  steps  leading  to  an  ornate  portico 
gives  direct  entrance  into  the  main  portion  of  the 
building  or  first  floor.  Opposite  the  principal  en- 
trance and  through  a  broad  corridor  will  extend  the 
grand  staircase,  giving  access  to  the  .other  floors. 
Across  this  hallway  is  another  large  corridor,  running 
east  and  west  through  the  building,  which  opens  into  a 
lecture  room  for  chemistry  and  practice.  This  is  in 
the  circular  wing  in  the  west  flank  of  the  building, 
and  is  connected  with  spacious  compartments,  which 
will  be  used  as  a  chemical  laboratory.  The  divisions 
on  this  floor  consist  of  offices  for  the  dean,  secretary 
and  professors.  The  second  floor  will  contain  the  two- 
principal  lecture  rooms;  one  iii  the  west  flank  will  be 
devoted  to  physiology  and  materia  medica,  and  the 
other  in  the  east  flank  to  anatomy.  They  are  built  in 
amphitheater  form  and  have  a  dimension  of  fifty-six 
feet  in  width  and  forty  eight  feet  in  length,  the  pro- 
jectures  from  the  main  building  being  thirty-six  feet 
in  height.     The  estimated  seating  capacity   for  each  is 


THE  UNIVERSITY  OF  TEXAS.  167 

three  hundred.  The  platforms  and  seats  will  radiate 
parallel  with  the  external  walls  and  will  extend  from 
the  second  to  the  third  floor,  a  height  of  sixteen  feet. 
Light  and  ventilation  will  be  furnished  by  an  arcade 
of  windows  above  the  seats.  The  ceilings  of  the  lec- 
ture rooms  are  curved  with  a  view  to  securing  proper 
acoustic  properties.  The  amphitheater  form  of  these 
lecture  rooms  produces  an  effect  upon  the  external 
design  of  the  building,  which  is  both  striking  and 
pleasing  as  well  as  being. novel  and  attractive.  The 
vacant  spaces  underneath  the  seats  will  be  used  by  the 
subjects  in  physiology  and  for  a  museum  of  anatomy. 
This  story  will  also  contain  the  private  rooms  of  the 
professors  of  chemistry,  physiology,  anatomy,  surgery, 
obstetrics  and  pathology,  as  well  as  the  experimentary 
rooms  in  photography,  microscopy  and  tjacteriology. 
The  third,  or  top  floor,  contains  the  general  dissecting 
room,  which  is  thirty-six  by  eighty-three  feet  and  is 
twenty-four  feet  high.  It  has  a  curved  ceiling,  and  its 
longest  front  faces  south,  giving  abundant  light. 
There  are  twenty-six  dissecting  tables  in  this  apart- 
ment, and  the  dean's  lecture  room  and  assistants' 
rooms  adjoin. 

"At  the  east  and  the  Avest  end  of  the  dissecting  room 
are  lavatories  and  wardrobes  for  the  especial  use  of  the 
professors  and  students.  The  upper  portion  of  the 
amphitheater,  of  the  lecture  room  can  be  entered  on 
this  floor,  as  well  as  from  the  story  below.  The  central 
facade  of  the  main  building  is  surmounted  by  an  im- 
proved pavilion  roof,  which  adds  greatly  to  its  archi- 
tectural beaut}'.  Cedar  bayou  pressed  brick  have  been 
used  in  the  construction,  large  quantities  having  been 
laid  in  a  zioj-zag  course,  which  produces  an  artistic 
effect.  The  roof  will  be  slated  in  stones  of  blue  and 
green,  and  artificial  red  sand  stone  has  been  used  for 
columns,  sill  courses,  hoods  of  arches  and  orther  dec- 
orations. Polished  columns  of  red  Texas  granite 
adorn  the  entrance,  and  encaustic  tiles  will  be  placed 
on  the  front  porticoes.  The  interior  will  be  finislied 
off' in  natural  woods,  principal  among  which  the  Texas 
pine  and  cypress  will  predominate.'' 

Messrs.    Clayton    &  Co.,    (N.    J.   Clavton  and  P.   S. 


168  THE  UNIVERSITY  OF  TEXAS. 

Rabitt),  of  Galveston,  are  the  architects,  and  Mr.  Au- 
gust Baumbach,  of  Houston,  is  the  contra;  tor  for  the 
Medical  College.  Mr.  J.  C.  Cameron  is  employed  to 
assist  in  superintending  the  work.  The  structure  is 
rapidly  nearing  completion  under  the  improved  plans 
designed  by  Mr.  Cla34on,  after  visiting  the  medical 
colleges  in  New  York,  Philadelphia  and  other  places — 
mainly  upon  the  plans  of  the  College  of  Philadelphia. 
Mr.  Clayton  found  that  very  few  medical  colleges  had 
the  advantage  of  having  their  hospitals  on  the  same 
grounds  as  the  college  buildings — an  advantage  upon 
which  the  professors  of  such  colleges  laid  great  stress. 
He  has  prepared  the  following  interesting  repoi't  of  his 
visit,  and  recommendations  addressed  to  the  Univer- 
sitv  Regents: 

Galveston,  Texas,  December  9,  1890. 

To  the  Honorable  Board  of  Regents  of  the  University  of 
the  State  of  Texas,  at  Austin,  Texas,  through  Dr.  T.  G. 
Thompson,  chairman  of  the  Building  Committee,  college 
building  for  the  Medical  Branch,  at  Galveston,  Texas: 

Gentlemen — I  herewith  respectfully  submit  my 
report  upon  my  examination  into  those  special  features 
of  the  leading  medical  schools,  colleges  and  hospitals 
of  the  Northern  and  Eastern  ^States,  in  accordance  with 
my  instructions  and  under  the  authority  of  your 
honorable  board,  namely,  the  general  design,  arrange- 
ment and  construction  of  the  special  development  in 
the  scientific  departments  and  their  subdivisions,  the 
laboratory,  dissecting  room,  with  the  attending  offices, 
furnishings  and  administrative  requisites,  which, 
together  with  the  numerous  details  intimately  con- 
nected therewith,  were  a  work  of  time,  labor,  and 
expense  which  doubled  the  amount  of  your  appropria- 
tion for  this  purpose,  but  for  which   I  make  no  claim. 

The  colleges  and  hospitals  visited  were  ns  follows: 
In  Baltimore,  the  medical  school  of  the  Johns  Hopkins 
University,  and  the  renowned  hospital  of  that  name  in 
that  city.  In  Philadelphia,  the  medical  school  of  the 
University  of  Pennsylvania,  the  Jefferson  Medical 
College,  and  the  Hannemann  Hospital  and  Medical 
College.     In  New  York,  the  College  of  Physicians  and 


THE  UNIVERSITY  OF  TEXAS.  ]69 

Surgeons.  In  Boston,  the  hospital  of  the  city  of 
Boston,  and  the  medical  school  of  the  Harvard  College, 
and  the  Massachusetts  General  Hospital. 

As  the  result  of  my  examination,  the  University  of 
Pennslyvania  has,  in  my  opinion,  the  most  extensive, 
complete  and  comprehensive  chemical  laboratories  in 
arrangements,  details,  and  scientific  construction  of  the 
various  institutions  visited  by  me,  excelling  particularly 
in  space,  ventilation,  lighting,  water  supply,  and  the 
many  minor  details  essential  to  sucli  laboratories.  The 
museum  is  also  excellent  in  constructive  arrangement, 
classification,  and  also  in  the  extent  of  its  acquisitions, 
though  in  this  re-pect  that  of  the  College  of  Physicians 
and  Surgeons  of  New  York  and  of  the  Johns  Hopkins 
University  of  Baltimore  possess  similar  merits.  In  the 
arrangement  of  its  microscopic  department,  lighting, 
etc.,  it  is  equalled  only  by  the  new  microscopic  depart- 
ment of  the  medical  school  of  the  Harvard  University 
now  being  completed.  Both  are,  however,  essentially 
different  in  the  means  of  lighting  adopted  and  applied 
in  the  construction  of  these  buildings. 

In  the  arrangement,  ventilation,  method  of  lighting 
and  in  the  many  important  details  essential  to  the 
scientific  construction -of  a  dissecting  room,  with  its 
attendent  offices  and  the  various  requirements  of  same 
in  storage,  refrigCx-ating  apparatus,  elevators,  electrical 
and  other  appliances,  and  the  outgi'owth  of  these 
necessities  in  water-proof  sanitary  floors,  wall  surfaces, 
skylights,  and  especially  designed  and  prepared  plumb- 
ing fixtures,  the  College  of  Physicians  and  Surgeons 
undoubtedly  stands  unequaled. 

In  its  department  of  microscopic  research,  bacteri- 
ology, etc.,  in  constructive  arrangement  the  Johns 
Hopkins  University  is  the  peer  of  the  University  of 
Pennsylvania.  In  its  phonographic  department  alone 
is  the  evident  superiority  in  construction  of  the  Penn- 
s^dvania  Medical  School  made  known  b}^  its  arrange- 
ment of  dark  rooms,  etc. 

The  general  superiority  in  the  constructive  arrange- 
ments and  appliances  of  one  school  over  the  other 
exists  only  in  isolated  details,  the  outgrowth  of  special 
requirements,  evidentl)^  developed  by  some   scholarly 


170  THE  UNIVERSITY  OF  TEXAS. 

specialist  wholly  devoted  to  the  advancement  of  his 
profession  and  enamored  with  its  simplest  and  most 
laborious  details  in  ventilation,  lighting,  sanitary 
appliances,  hygiene,  gases,  water  supply,  etc. 

As  the  result  of  careful  study  and  examination  of  the 
different  buildings  named  in  the  most  essential  details, 
1  would  suggest  that  a  skylight  be  introduced  in  the 
ceilings  of  each  of  the  amphitheaters,  the  anatomical 
lecture  room,  and  the  amphitheater  of  physiology  and 
materia  medica,  over  the  tables  of  the  demonstrators  of 
anatomy  or  chemistry.  Also  the  introduction  of  the- 
necessary  closets  for  the  chemical  apparatus  and  chem- 
icals, anatomical  specimens  as  prej tared  by  the  prosec- 
tors for  the  lecturers,  and  the  numerous  instruments, 
appliances,  etc.,  requisite.  Also  that  provision  be  made 
for  additional  ventilating  tubes,  ducts,  and  apparatus 
for  these  rooms.  Also  for  the  introduction  of  water- 
pipes  for  two  distinct  services  to  supply  the  different 
kinds  of  water  constituting  our  supply — rain  water  and 
that  of  artesian  wells.  Also  for  the  introduction  of  a 
distinct  electric  and  gas  lighting  service  for  these 
principal  lecture  rooms. 

I  would  advocate  the  use  of  steam  heating  for  this 
building  on  account  of  its  value  in  combination  with 
its  application  to  the  operation  of  elevators,  ventilating 
fans,  and  the  refrigerating  apparatus  necessary  in  this 
climate  for  the  preservation  of  anatomical  materials, 
and  the  operation  of  a  dynamo  for  lighting  and  the 
electrical  power  requisite  to-day  for  general  use,  and 
also  in  its  application  to  experimental  purposes  and 
physical  research. 

An  ample  supply  of  gas  is  requisite  for  the  lighting 
of  the  entire  building,  and  for  heating  in  the  depart- 
ment of  physics  and  the  physiological  and  chemical 
laboratories.  Also  a  plentiful  duplicate  supply  of  water 
for  the  entire  building,  particularly  the  dissecting  room,, 
is  requisite. 

I  have  not  seen  a  system  of  sanitary  appliances  in 
plumbing  fixtures  and  arrangements  superior  from  a 
hygienic  point  of  view  to  that  intended  for  this  build- 
ing; a  slight  modification  only  is  necessary.  But  a 
system  of  sewerage    must  be  provided  for  carrying  of!' 


THE  UNIVERSITY  OF  TEXAS.  171 

the  excreta  to  meet  the  peculiar  requirements  of  this 
locality,  which,  from  my  experience  and  examination 
of  the  facilities  existing  in  the  other  places,  is  alto- 
gether unique,  involving  the  use  of  a  storage  cesspool 
or  vault,  thoroughly  ventilated  by  artificial  means^ 
with  a  water  supply  and  a  long  line  of  sewerage  pipe 
to  lead  to  the  channel  across  the  flats,  to  be  controlled 
and  emptied  periodically  at  the  outgoing  of  the  tide. 

It  will  also  be  necessary  to  construct  the  top  of  the 
floors  in  the  dissecting  rooms  to  meet  the  requirements 
of  the  concrete  and  asphalt  floors,  graded  and  sewered 
tosuit  the  materials  and  construction  of  the  same  in  their 
modification  to  this  the  best  system  in  use  in  the  prin- 
cipal medical  colleges  in  the  North,  which  is  absolutely 
necessary  to  prevent  saturation  by  the  large  quantities 
of  water  used,  which  would  destroy  the  ceilings  below. 

To  complete  in  a  proper  and  fitting  manner  the 
interior  of  this  building  in  accordance  with  the  best 
modern  practice  in  construction  as  applied  to  medical 
schools  and  institutions  of  this  kind  in  the  Northern 
States,  as  developed  by  my  studies  and  researches  dur- 
ing my  visit  to  the  institutions  I  have  named,  will 
require  an  additional  expenditure  above  the  sum  named 
by  me  in  mv  report  of  June  6tli  last  of  $8,500,  or  a 
total  of  $34,000. 

Very  respectfully,  yours, 
N.  J.  Glaytojt,  architect,  of  N.  J.  Clayton  &  Co. 

Following  data  pertaining  to  the  hospital  was  fur- 
nished to  Dr.  T.  C.  Thompson,  of  Galveston,  one  of  the 
University  Regents: 

Capacity  of  general  wards .    0(5  beds 

Capicity  of  private  moius 12  beds 

Number  of  hopital  bpds 80 

Average  number  of  pati  nra  at  present 70 

Average  number  out  p  ttients  per  month 40 

Total  number  inmates  since  Jan.  10 1000 

Total  number  out  patients  since  Jan.  10 423 

Total  re vetiue  (private  and  ward)  beds  from  May  8  to  Oct,  21.  $1145  30 

The  available  capacity  of  the  ''Old  City  Hospital "^ 
(now  used  for  colored  patients)  would  be  about  'SO  beds. 
The  rooms  on  the  first  floor,  at  present  occupied  by 
the  college,  would  afford  additional  space,  say  tor  40' 
beds — this  being  a  low  estimate. 


172  THE  UNIVERSITY  OF  TEXAS. 

A  most  notable  feature  in  connection  with  the  hos- 
pital at  this  time,  is  the  Ladies  Training  School  for 
Nurses.  'I  hey  have  supreme  control  (in  harmony 
with  our  rules  and  regulations)  of  the  nursing  of  all 
white  patients,  both  ward  and  private,  and  are  discharg- 
ing such  duty  most  efficiently  and  satisfactorily  to  the 
management.  For  their  special  benefit  a  course  of 
lectures  has  already  been  inaugurated,  and  will  em- 
brace such  topics  in  medicine  as  are  necessary  for  a 
trained  nurse's  education.  This  auxiliary  alone  is  cal- 
culated in  the  near  future  to  give  important  prestige  to 
the  institution.  It  cannot  be  otherwise  with  such 
prominent  and  enterprising  ladies  as  are  at  the  head 
of  the  movement:  Mrs.  B.  A  done,  Mrs.  R.  B.  Hawley, 
Mrs.  J.  G.  Goldthwaite,  Mrs.  George  Ball,  Mrs  S.  Hart- 
ley, Mrs.  George  oealy,  Mrs.  W.  F.  Ladd,  Mrs.  J.  H. 
Hutchings,  Mrs.  M.  Kopperl,  Mrs.  John  Sealy,  Mrs. 
Andrew  T.  Mills,  Mrs.  Walter  Gresham,  Mrs  Aaron 
Blum,  Mrs.  Robt.  Irvine,  Mrs.  P.  J.  Willis,  Mrs.  J.  C. 
League,  Mrs.  Chas.  Fowler,  Mrs.  George  Mann,  Mrs.  L. 
Fellman,  Mrs.  W.  Zeigler,  Mrs.  T.  J.  Groce,  Mrs.  J.  F. 
Roecke,  Mrs.  Gresham,  and  perhaps  otliers  whose  names 
are  not  furnished. 

The  hospital  is  at  present,  and  has  been  for  some 
time,  in  charge  of  a  very  efficient  officer.  Dr.  J.  H. 
Wysong,  as  superintendent  and  house  surgeon.  In 
appropriate  places  on  the  front  of  the  edifice  are  the 
following  inscriptions:  "This  Building,  erected  in 
1888,  is  the  Gift  of  John  Sealy  to  the  Cit}^  of  Galves- 
ton for  the  Benefit  of  Humanity  and  ^Science;"  ;'ln 
Memory  of  John  Seal3^  born  in  Wyoming  Valley, 
Penn.,in  1822,  Settled  in  Galveston 'in  1847,  Died 
in  Galveston  in  1884;"  ''With  malice  towards  none, 
with  charit}'-  for  all,  he  was  God's  noblest  work — an 
Honest  Man."  The  names  of  Charles  Fowler,  J.  P. 
Davie,  Dr.  Charles  W.  Trueheart,  Dr.  J.  F.  Y.  Paine, 
and  John  Kemeschoffer  are  also  inscribed  as  the  build- 
ing committee. 

The  institution  is  already  fairly  complete  in  its  outfit 
and  is  certainly  to  be  regarded  as  a  great  desideratum 
for  the  college  as  a  medical   branch  of  the  University. 


THE  UNIVERSITY  OF  TEXAS.  173 

THE    FEDERAL    COLLEGE    LAND    GRANT. 
[From  Publications  of  U.  S.  Bureau  of  Education.] 

"At  the  time  of  the  organization  of  the  Agricultual 
and  Mechanical  College  in  Texas,  in  187(5,  there  was 
but  little  sentiment  in  the  Southern  States  against  the 
exclusive  study  ot  the  classics  at  the  expense  of  the 
sciences  and  mechanic  arts,  and  it  is  therefore  not  sur- 
prising to  learn  that  the  college  opened  as  a  classical 
and  mathematical  school  for  academic  instruction 
rather  than  a  technical  school  for  the  purpose  of  special 
training.  While  not  neglecting  the  instruction  in  ag- 
riculture and  the  mechanic  arts  and  the  studies  adjunct 
to  these,  the  classical  instiuction  and  general  culture  of 
the  institution  received  the  most  attention.  In  this  the 
institution  but  supplied  the  demands  of  the  citizens  of 
the  State,  and  was  not  contrary  to  general  act  of  the 
Federal  Government,  making  the  grant  and  establish- 
ing the  conditions  upon  which  such  school  should  be 
founded.  But  totally  unprepared  for  teaching  sciences 
and  agriculture,  the  multitude  of  students  who  flocked 
to  the  school  did  not  receive  what  they  came  for,  dis- 
satisfaction arose,  and  the  school  proved  so  nearly  a 
failure  that  it  was  necessary  to  call  a  meeting  of  the 
directors  in  November,  lfS79,  when  the  school  was  re- 
organized. The  Latin  and  Greek  were  consolidated 
and  made  subordinate  and  optional,  while  the  courses 
in  science  and  agriculture  Avere  made  more  prominent.* 

"It  is  to  be  noted  that  the  attempt  to  maintain  a  sys- 
tem of  manual  labor  on  the  farm  failed  here  as  else- 
where in  the  majority  of  cases  where  it  has  been  tried. 
It  was  not  till  1882  that  the  agricultural  and  mechanical 
departments  were  put  into  full  operation.  There  has 
been  a  flourishing  military  department  from  the  begin- 
ning. In  18^8  the  board  of  directors,  in  accordance 
with  the  act  of  Congress  of  1887,  established  an  expe- 
rimental station  in  connection  with  and  under  the 
control  of  the  authorities  of    the  colleore. 

"A  summary  of  grants  shows  that  the  State  has  made 

♦This  rpoganization  was  effeet^d  by  the  removal  of  thf^  old  board 
anrl  appointment  by  Governor  Roberts  of  a-i  entirely  new  bond  of 
managers,  who  changed  nearly  every  member  of  the  faculty  and 
adopted  new  methods  of  instruction  and  management. 


174  THE  UNIVERSITY  OF  TEXAS. 

the  following  libenil  appropriations  for  the  support  of 
the  school : 

In  1871  for  building,  etc $75,000  00 

1874  for  buil  linu:,  etc 40,000  00 

1875  for  buildinf?,  etc ;3',\U00  00 

1876  for  bnildint?,  etc 40.(»(i0  00 

1879  tor  library  and  apparatus 15.000  00 

1881  for  iiupr.jveinents 4,i»87  44 

1881-83  Sca^e  students 15,000  00 

1883-84  State  srudents 6,000  00 

1883-84  expent-e  of  land  suit 8,000  00 

1888-S4  repairs,  improvements,  etc 40,000  00 

1885  80  maiiitenaiice  and  support 30,000  00 

1887-89  ujaintenance  and  .'support 35,000  00 

1888  repairs  and  further  equipment 41,5()0  00 

Total  State  appropriations $382,487  44 

"The  State  misappropriated  from  the  University  fund 
as  follows: 

Act  July  9.  1879 $15,000  00 

Act  April  1,  1881 15  000  00 

Act  April  23,  1883 I0,(i0a  00 

Act  April  1,  1S85 • 10,000  00 

Total $50,000  00 

"The  productive  fund  of  the  institution  is  tw^o  hun- 
dred and  nine  thousand  dollars  ($209, 000),  yielding  an 
annual  income  of  $14,280;  one  hundred  and  seventy- 
four  thousand  dollars  ($174,000)  being  invested  in 
seven  per  cent  State  bonds,  and  thirty-five  thousand 
dollars  ($35,000)  in  six  per  cent  State  bonds.  The 
value  of  the  lands  and  buildings  amounts  to  $228,972." 

What  Edward  Everett  »aid  in  his  oration  on  "Aid  to 
Colleges,"  quoted  by  Mr.  F.  W.  Blackmar,  from  "which 
the  foregoing  statement  is  taken,  is  equally  applicable 
to  the  question  of  aid  to  Universities:  "But,"  said  Mr. 
Everett,  ''we  are  still  told  that  common  school  educa- 
tion is  a  popular  interest,  and  college  education  is  not; 
and  for  this  reason  the  State  is  bound  to  take  care  of 
the  one  and  not  of  the  other.  Now  1  shall  not  put 
myself  in  the  false  and  inivdious  position  of  contrasting 
them;  there  is  no  contrast  between  them,  no  incom- 
patibility of  the  one  with  the  other.  Both  are  good; 
each  is  good  in  its  place;  and  I  will  thank  any  person, 
who  can  do  so,  to  draw  the  line  between  them ;  to  show 
why  it  is  expedient  and  beneficial  in  a  community  to 


THE  UNIVERSITY  OP  TEXAS.  175 

make  public  provision  for  teaching  the  elements  of 
learning,  and  not  expedient  nor  beneficial  to  mak(s 
similar  provision  to  aid  the  learner's  progress  toward 
the  mastery  of  the  most  difficult  branches  of  science 
and  the  choicest  refinements  of  literature." 

In  face  of  such  authority  as  Mr.  Everett,  President 
Elliott,  of  Harvard  University,  is  cited  b}^  Mr.  Black- 
mar  as  holding  in  an  address  delivered  in  1873  that 
the  State  might  provide  for  universal  elementary  edu- 
cation on  the  ground  that  it  was  a  cheap  system  of 
police  for  the  national  defense,  but  that  no  man  ought 
to  be  taxed  to  send  another  man's  son  to  the  high 
school  or  college. 

It  is  strange  that  opposition  to  State  and  to  higher 
education  should  stiil  obtain  in  such  high  quarters; 
and  yet  not  so  strange  either  when  expressed  by  a 
university  president  who  happened  to  be  seated  at  the 
head  of  a  great  institution  which  has  had  its  several 
million  dollars  from  private  munificence,  besides  over 
seven  hundred  thousand  dollars  from  JState  support, 
and  is  now  so  grandly  endowed  as  to  be  entirely  inde- 
pendent of  State  aid. 

If  President  Elliott's  theory  of  taxation  that  no  man 
should  be  taxed  to  school  other  men's  children  in  the 
more  advanced  education  generally  obtained  it  would 
virtually  preclude  the  establishment  of  State  univer- 
sities, and,  limiting  public  instruction  to  the  free 
schools  would  exclude  the  masses  from  free  universty 
instruction,  and  force  them*  for  higher  education  to 
patronize  pay  institutions,  which  they  could  not  well 
afford;  and  in  Texas,  where  the  negroes  pay  compara- 
tively but  a  small  proportion  of  the  State  school  tax, 
would  largely  deprive  them  of  the  benefits  of  instruc- 
tion in  free  public  schools,  as  the  school  fund  derived 
from  negro  taxation  alone  would  hardly  suffice  for  the 
single  expense  of  school  buildings,  much  less  for  the 
recurring  expense  of  providing  teachers  and  text 
books. 

And  what  a  strange  idea  that  the  State  should  not  go 
further  than  the  simple  promotion  of  elementary  edu- 
cation "as  a  cheap  system  of  national  defense,"  as 
though    her     glory  as    a  State,  or    usefulness  in   the 


176  .  THE  UNIVERSITY  OP  TEXAS. 

national   sisterhood,    would    not   be   similarly,   if  not 
equally,  subserved  by  pre-eminent  intellectual  culture 
of  her  leading  citizens,  as   well  as  by  limited  common 
school  education  of  the  masses  of  the  people!       What 
peculiar    mental    measurement    of  police   sufficiency! 
What  strange  adjustment,  limiting  public  education  to 
such  admeasurements  as  mere  police  or  military  sub- 
serviency!    Certainly  Dr.  Elliott's  assumption   would 
better  apply  to   despotic  countries  where  education  is 
compulsory  and    largely   military  in   its  methods,  be- 
cause deemed  necessary  for   the  protection  of  the  gov- 
ernment, or  to  promote  its  martial  power  and  spirit  of 
aggrandizement.     It  does  not  suit  American  ideas  and 
conditions,  or  the   American  policy  as  to  educational 
requirements.     Ever^^  ^tate  should  establish  and  foster 
its  own  State  University.      Such  institutions  may  not 
exert  so  general   benefits  as   the  free  schools,  but  they 
radiate  a  far   brighter   intelligence,  scintillating    their 
effects  from  the  highest  sources  of  knowledge,  with  a 
loftier  and  fuller  glow,  and   an  intenser  heat  of  intel- 
lectual effulgence.     They  may  not  be  so  generally  use- 
ful as  the  common    schools;   but  still    are  as   highly 
necessary  for  the   public  good,    involving   as  they  do 
the  higher  instruction  requisite  for  rounding  and  per- 
fecting the  ordinary  education  ot  the  people. 

Further  along  in  his  book  on  "Federal  and  State 
Aid  to  Higher  Education,"  Mr.  Blackmar  says:  "It 
has  been  held  by  some  individuals,  and  at  times  by 
some  Legislatures,  that  thsr  administration  of  education 
by  the  State  is  a  great  extravagance,  and  a  plea  of 
economy  and  for  low  taxes  is  always  used  to  defeat 
appropriations.  To  this  class  of  arguments  the  Hon. 
Andrew  D.  White  answers  as  follows: 

"Talk  of  economy!  Go  to  your  State  Legislatures — 
what  strange  ethics  in  dealing  with  the  public  institu- 
tions! If  asked  for  money  to  found  an  asylum  for 
idiots  and  lunatics  or  the  blind  or  the  deaf  and  dumb, 
you  will  find  Legislatures  ready  to  build  palaces  for 
them.  Millions  of  dollars  are  lavished  upon  your 
idiots  and  deaf  and  dumb  and  blind  and  lunatics. 
Right  glad  I  am  it  is  so ;  but  when  3'ou  come  to  ask 
aid  even  in  measured  amounts  for  the  development  of 


THE  UNIVERSITY  OF  TEXAS.  177 

the  young  men  of  the  State,  upon  whom  is  to  rest  its 
civilization  and  from  whom  is  to  flow  out  its  prosperity 
for  ages  to  come,  the  future  makers  of  your  laws  and 
institutions,  how  are  they  to  be  left  to  the  most  meagre 
provision  during  all  their  preparation?" 

EDUCATION    OF    COLORED    CHILDREN. 

\s  to  the  question  of  the  education  of  the  colored 
race,  Governor  Koss  recently  prepared  and  published 
an  exhibit  of  what  Texas,  under  democratic  rule,  has 
done  and  is  now  doing  for  the  education  and  better- 
ment of  the  colored  race,  in  which  he  presents  the  fol- 
lowing statement: 

"'Ihe  democrats  have  been  in  power  in  Texas  about 
fourteen  years,  but  the  present  school  system  has  been 
in  operation  only  about  ten  3^ears.  During  the  last  ten 
years  the  democrats  of  Texas  have  paid  to  support 
public  schools  for  the  colored  children  as  follows: 

School  Tear.  Colored  Children.       Pro  Rata.  .^uiouul  Di^tribu^e(l. 

1879-80 57,701 $3  00 $173,103  00 

1880-81 60,777 3  00 200,33100 

1881-82 68,015 3  25 221,018  75 

1882-83 75,341 3  61 272.357  70^ 

188:3-84 80,065 4  50 330,292  50 

1884-85 103,5:36 5  00 517,680  00 

1885-86 115,941 5  20 622,893  20- 

1886-87 124,842 4  75 5!t2,999  50 

1887-88 125.515 4  50 582.817  50 

1888-89 135,184 4  00 540,736  00 


Total $4,064,250  15 

In  ten  years,  he  adds,  the  colored  scholastic  popula- 
tion increased  134  per  cent  and  the  white  113  per  cent. 
Owing  to  over  estimates  of  the  available  school  fund  in 
1885  and  i88G,  there  were  deficiencies  which  had  to  be 
met  out  of  the  school  revenues  of  the  years  1888  and 
1889,  reducing  the  pro  rata,  by  which  reduction  the 
Avhite  and  colored  children  suffered  equally." 

In  the  same  connection,  it  may  be  added,  that  the 
constitution  of  1866,  (section  7),  while  declaring  that 
"the  Legislature  may  provide  for  the  levying  of  a  tax 
for  educational  purposes,"  also  provided  that  all  the 
sums  arising    from   said   tax    which  may  be  collected 


178  THE  UNIVERSITY  OF  TEXAS. 

from  Africans,  or  persons  of  African  descent,  shall  be 
exclusively  appro})riatcd  for  the  maintenance  of  a  sys- 
tem of  public  schools  for  Africans  and  their  children; 
and  it  shall  be  the  duty  of  the  Legislature  to  encourage 
schools  among  these  people." 

Such  special  provision  was,  however,  dropped  from 
the  constitution  of  1876,  thus  allowing  for  the  educa- 
tion of  colored  children  the  benefits  of  a  pro  rata  of 
the  State's  entire  school  fund,  instead  of  the  limited 
amount  collected  by  taxation  from  colored  people. 

The  question  of  higher  as  well  as  ordinary  education 
of  the  colored  race  is  one  which  demands  attention  of 
the  University  regents,  as  well  as  of  the  legislature, 
under  the  requirements  of  the  law  providing  for  a 
colored  branch  university.  If  it  is  intended  to  put  it 
at  once  into  operation  the  regents  should  be  provided 
with  seperate  funds  in  addition  to  those  of  the  univer- 
sity fund.  As  has  been  suggested  it  might  be  better 
to  give  the  colored  people  a  separate  university.  Either 
this,  or  if  it  is  not  practicable  under  the  constitution, 
let  the  scope  of  the  Prairie  View  colored  school  at 
Hempstead  be  raised  for  the  present  to  as  high  standard 
as  practicable  for  their  more  advanced  education,  or 
such  as  may  be  advisable  in  the  line  of  university  ed- 
ucation. It  has  also  been  suggested  that  some  arrange- 
ment might  be  advantageously  effected  by  the  State  to 
incorporate  the  Tillotson  Institute,  as  a  university  for 
the  colored  people,  or  as  a  branch  of  the  State  University 
required  to  be  located  for  them  at  Austin.  If  tliere  is 
a  constitutional  inhibition  in  the  way  of  solving  this 
matter  so  that  the  State,  if  desired,  can  give  the  colored 
people  an  independent  university,  instead  of  a  branch 
institution,  then  the  constitution  would  seem  to  be  out 
of  joint  with  the  changed  relations  of  the  people  of 
both  races. 


THK  UNlVEEiSlTr  OF  TEXAS.  nu 


CHAPTER  III 
ESTABLISHING  THE  UNIVERSITY. 

''COLLEGES  OR  UNIVERSITIES." 

At  the  same  session  of  the  third  congress  of  Texas, 
which  provided  for  locating  the  Capitol  and  the  Uni- 
versity, there  was  passed  "an  act  appropriating  certain 
lands  for  the  establishment  of  a  general  system  of  edu- 
cation," approved  January  26,  1839,  in  which  the  pres- 
ident was  required  to  have  surveyed  fifty  leagues  of 
land,  to  be  set  apart  for  the  establishment  and  endow- 
ment of  two  colleges  or  universities." 

It  is  strange,  that  following  this,  no  mention  is  made 
of  this  land,  or  the  question  of  a  university  or  univer- 
sities in  the  constitution  of  1845.  Subsequently,  how- 
■ever,  in  pursuance  of  law,  the  lands  were  located  and 
surveyed  in  the  counties  of  Cooke,  Fannin,  Grayson. 
Hunt,  Collin,  Lamar,  McLennan,  Hill,  Callahan  and 
Shackleford,  and  have,  most  of  them,  been  sold  under 
laws  for  that  purpose.  About  thirteen  thousand  acres 
of  the  McLennan  lands,  and  some  eight  thousand  acres 
in  Grayson  county,  remained  in  litigation,  and  pro- 
vision was  made  by  law  to  quiet  tittle  to  them,  (acts  of 
1879  and  1881).  By  special  acts  of  January  4,  1862, 
December  16,  1863/ and  October  20,  1866,  time  for 
paying  interest  on  the  lands  in  litigation  was  extended. 
The  lands  in  McLennan  county,  alleged  to  have  been 
located  in  conflict  with  a  Spanish  grant  to  Joachin 
Morena,  and  on  which  interest  had  consequently  been 
suspended,  had  mostly  been  sold  under  an  act  of  1874, 
and  b}^  act  of  March  6,  1875,  it  was  further  provided 
that  settlers  upon  the  Hill  and  McLennan  lands  should 
not  be  compelled  to  pay  the  amounts  due  upon  said 
lands  until  the  suit  pending  in  behalf  of  the  Moreno 
grant  shall  have  been  decided  and  the  title  to  the  land 
settled.  A  favorable  compromise  of  the  Moreno  con- 
trovesy  has  i-ecently  been  effected  through  the  efforts  of 
Gov.  Ross  with  Gen.  Mexia,  of  Mexico,  by  which  the 


180  THE  UNIVERSITY  OF  TEXAS. 

title  to  about  6,000  acres  of  the  McLennan  lands  has 
been  confirmed  to  the  State,  and  the  present  Land 
Commissioner,  Capt.  Hall,  at  once  placed  on  sale  for  the^ 
University  such  lands  as  had  not  been  sold,  which,  un- 
fortunately for  the  University,  as  they  are  now  so  much 
more  valuable,  were  only  a  few  hundred  acres.  The 
compromise  was  virtually  about  one-half  for  the  other 
and  is  ver^^  favorably  regarded  by  Judge  Clark,  of 
Waco,  who  was  the  attorney  in  the  case,  as  the  title 
was  so  old  and  clouded  an}^  recovery  whatever  was 
doubtful  and  the  State  was  not  likely  to  substitute  other 
lands  for  them  to  the  University.  These  lands,  though 
now  so  much  more  valuable,  were  mostly  claimed  from 
the  State  at  $1.50  per  acre,  the  State's  original  price  for 
air'school  and  University  lands,"  and  w^ith  indulgence 
from  paying  up  the  interest  till  the  suit  as  to  the  title 
from  the  State  was  settled. 

There  are  persons  familiar  with  the  matter  who  do 
not  consider  the  compromise  as  advantageous  to  the 
University  as  might  be  supposed,  though  quite  advan- 
tageous to  the  State,  since  the  latter  has  the  benefit  of 
the  lands  to  make  good  titles  she  assumed  to  confer  in 
selling  them  for  actual  settlement,  while  the  Univer- 
sity, as  most  of  them  had  been  sold  by  the  State,  has  to- 
accept  the  State's  old  price  for  them  $L50per  acre  under 
the  act  of  1874  under  which  the  sales  were  made.  The 
McLennan  lands  (about  G,00U  acres)  embraced  some 
that  had  been  sold  and  patented,  and  a  few  hun- 
dred acres  only  as  stated  that  had  not  been  sold  at  all. 
As  to  the  value  of  the  lands  embraced  in  the  fifty 
leagues  which  had  been  given  to  the  University  and  of 
which  the  McLennan  lands  were  a  part.  Governor 
Throckmorton  stated  in  his  message  to  the  legislature 
in  1866,  that  58,523  acres  of  the  fifty  leagues  (221,400 
acres)  which  were  surveyed  in  1856  had  been  sold  at 
an  average  price  of  $3.34  per  acre.  Prior  to  the  com- 
promise with  Gen.  Moreno,  Land  Commissioner  Hall 
held  that  the  act  of  1875,  extended  the  time  of  pay- 
ments only  on  purchases  actually  effected,  by  partial 
payments  at  least,  made  before  1875,  but  the  purchasers 
who  had  no  patents  claimed  that  the  exemption  ap- 
plied generally  so  that  they  were  not  in  default  and 


THE  UNIVERSITY  OF  TEXAS.  181 

"were  entitled  to  the  iion  patented  lands  which  the  State 
sold  to  them  at  the  state's  then  minimum  price,  $1.50 
per  acre,  though  they  were  worth  much  more  when 
sold,  and  so  much  more  now,  most  of  them  from  $5  to 
^20  per  acre. 

Land  Commissioner  Hall  furnishes  the  writer  the  fol- 
lowing statement  as  to  these  lands  :  "The  lands  secured 
to  the  State  for  the  University,  by  the  recent  compro- 
mise, in  McLennan  County  had  been  sold  under  the 
provisions  of  an  act  of  1874,  with  the  exception  of  a 
few  small  tracts  which  are  comparatively  worthless. 
The  relief  act  of  March  6,  1875  extending  time  for  pay- 
ments for  the  lands  in  litigation  on  account  of  the 
Moreno  grant  virtually  suspended  payments  of  interest 
•on  these  lands,  but  since  the  recent  compromise  with 
Mexia,  payments  have  been  made  of  interest  and  princi- 
pal in  full  and  patents  have  been  issued  in  many  in- 
stances. From  this  source  the  available  fund  of  the 
University  has  been  largely  increased  during  the  present 
year,  in  many  cases  the  accumulation  of  ten  years  in- 
terest having  been  paid  at  one  time.  Some  purchasers 
wanted  the  interest  abated,  but  the  landoffice  ruled 
against  them,  and  construed  the  law  to  require  pay- 
ment of  interest  from  the  date  of  the  contract  of  sale. 
Upon  that  ruling  they  paid  up  the  interest  from  the 
•date  of  contract  in  accordance  with  the  terms  of  pur- 
chase, and  in  some  instances  the  interest  amounted  to 
m.uch  more  than  the  principal.  Some  of  them  proposed 
to  pay  the  principal  without  the  interest,  and  refer  the 
question  of  paying  the  interest  to  the  action  of  the 
legislature,  but  State  Treasurer  Lubbock  held  that  he 
would  receive  no  payments  of  the  principal  till  the  in- 
terest was  paid." 

The  University  lands  are  sold  by  the  State  Land 
"Ci-zmmissioner  and  the  proceeds  are  invested  by  the 
State  Board  of  Education  in  bonds  or  other  securities 
for  account  of  the  permanent  fund  of  the  University, 
and  the  interest  is  reserved  for  available  fund. 

THE    UNIVERvSITY    AND    THE    FREE    SCHOOLS. 

The  Constitution  of  1845  (Art.  10,  Sec.  ],)  made  it 
the  duty  of  the  legislature  to  make  suitable  provision 


182  THE  UNIVERSITY  OF  TEXAS. 

for  the  maintenance  and  support  of  public  free  school.^ 
and  the  same  provision  is  contained  in  the  constitu- 
tions of  J 861,  1866  and  187(>.  The  University  for  which 
the  congress  of  the  Republic  had  so  early  provided  in 
1839  was  not  mentioned  in  the  first  State  constitution 
of  1845,  perhaps  on  account  of  its  being  then  merely  in 
embryo  and  its  establishment  not  pressing  upon  the  pub- 
lic mind;  or  possibly,  and  if  so,  properly  enough,  because 
it  was  considered  part  and  parcel,  as  a  great  free  tuition 
school,  of  the  general  free  school  system  of  the  k^>tate. 
not  requiring  special  designation  to  bring  it  within  the 
scope  and  benefits  of  the  general  provisions  for  free 
school  instruction.  As  an  evidence  that  it  was  re- 
garded in  this  light,  it  is  declared  in  the  preamble  to 
the  act  of  Feb.  11,  1858,  establishing  the  University 
that  ''from  the  earliest  times  it  had  been  the  cherished 
design  of  the  people  of  the  Republic  and  of  the  State  of 
Texas  that  there  shall  be  established  within  her  limits 
an  institution  of  learning  for  the  instruction  of  the 
youths  of  the  land  in  the  higher  branches  of  learning, 
and  in  the  liberal  arts  and  sciences,  and  to  be  so  en- 
dowed, supported  and  maintained  as  to  place  within 
the  reach  of  our  people,  whether  rich  or  poor,  the  op- 
portunity of  conferring  upon  the  sons  of  the  State  a 
thorough  education."  Thus  it  is  made  the  duty  of  the 
University  as  a  factor  in  the  State's  own  provision  for 
free  education  to  complete  the  work  begun  in  the  pub- 
lic schools  so  as  to  afford  the  advantages  of  higher  edu- 
cation to  the  poor  as  well  as  the  rich. 

As  further  evidence  of  such  regard  of  the  University 
the  law  requires  the  regents  to  submit  their  reports  to 
the  State  Board  of  Education.  (Sec.  21,  University  act 
oflb81. 

The  following  references,  gathered  from  debates 
published  in  the  Austin  State  Gazette  serve  to  show  the 
division  of  public  sentiment  as  to  University  and  free 
schools: 

In  the  Sixth  legislature  in  December,  1855,  a  bill  to 
provide  for  the  erection  and  support  of  a  State  Univer- 
sity being  under  consideration  in  the  senate,  Mr.  Palmer 
argued  in  favor  of  a  single  University  of  which  the  State 
and  the  entire  South  might  be  proud.    Mr.  Lott  favored 


THE  UNIVERSITY  OF  TEXAS.  183 

two  universities  and  moved  to  strike  out  of  the  caption 
"a  University"  and  insert  ''two  Universities."  Mr. 
Bryan  opposed  the  amendment  and  moved  to  lay  it  on 
the  table,  but  the  motion  failed. 

Mr.  Grimes  argued  that  the  appropriation  proposed, 
$300,000,  was  not  sufficient,  and  as  they  seemed  deter- 
mined to  have  two  universities  he  moved  to  amend  by 
making  the  amount  $500,000.     Adopted. 

Mr.  Millican  moved  to  make  the  appropriation 
$1,000,000.     Lost. 

Mr.  Palmer  offered. as  a  substitute  "A  bill  to  establish 
a  btate  University,"  and  spoke  at  length  in  support  of 
the  bill.  Mr.  Kussell  distrusted  the  propriety  of  the 
movement  at  that  time,  when  there  were  no  lacilities  of 
transportation.  We  should  first  establish  some  system 
of  internal  improvements,  but,  he  argued,  we  have 
ample  means,  and  if  the  work  must  be  commenced,  he 
was  in  favor  of  two  institutions. 

Mr.  Flanagan  preferred  two  universities,  arguing  that 
the  time  had  come  when  the  State  could  well  afford  to 
support  two  splendid  universities,  such  as  the  honor  of 
this  great  State  demanded.  The  State's  vast  territory 
justified  this,  and  they  would  be  rival  institutions  in- 
citing each  other  to  improvement  and  development. 
He  argued  that  Texas  had  greater  resources  for  educa- 
tional endowments  than  any  State  in  the  Union,  and 
could  well  maintain  two  universities. 

Mr.  Bryan  alluded  to  the  economics  of  the  measure. 
A  single  university  of  the  highest  character,  he  argued, 
would  unite  the  people  in  its  support,  and  prevent 
sending  our  children  to  institutions  abroad,  carrying 
away  with  them  each  three,  four  or  five  hundred  dollars 
every  year  to  be  distributed  beyond  our  borders,  and 
much  of  it  among  those  who  are  enemies  to  our  insti- 
tutions and  will  spare  no  pains  to  instill  into  the  minds 
of  our  children  doctrines  and  prejudices  antagonistic  to 
the  opinions  of  the  South. 

Mr.  Taylor  of  Cass  favored  two  universities  rather 
than  one,  but  thought  it  was  not  the  proper  time  for 
them.  Mr.  White  favored  a  single  university  and  made 
a  strong  speech  in  its  favor. 

Mr.  Maverick   protested  against  the  whole  thing  as 


184  THE   UNIVERSITY   OF  TEXAS. 

wrong;  the  countiy  did  not  v/ant  either  one  or  two 
universities.  If  we  had  a  university  there  is  fur  more 
likelihood  that  it  would  have  to  be  abated  as  a  nuisance 
than  that  we  should  desire  another.  The  schools,  he 
argued,  must  first  be  established  for  the  general  wants 
•of  the  people  before  we  advance  to  academies  and  uni- 
versities. If  put  on  toot  before  the  people  call  for  it,  a 
university,  not  being  wanted  by  the  people  or  properly 
constituted,  will  be  sure  to  set  itself  up  as  a  secret, 
malignant  enemy  of  the  people.  It  is  curious,  too,  he 
added,  that  we  must  begin  with  a  university — so  nice, 
so  fine  and  so  religious!  I  trust  there  is  a  mistake  in 
this  calculation.  And  look  out  to  see  if  some  wise 
heads  are  not  hit  and  badly  bumped  against  these  high 
and  mighty  walls  of  humbuggery.  Such  and  so  rank 
are  the  offenses  at  West  Point  and  other  high  schools 
and  universities  that  ere  long  the  public  mnst  either 
transform  or  suppress  them.'-' 

Mr.  Armstrong  opposed  establishing  colleges  or  uni- 
versities till  the  State  had  established  a  system  of  com- 
mon schools  for  the  masses.  "Colleges,"  he  said,  "are 
generally  the  hotbeds  of  immorality,  profligacy  and 
licentiousness.  We  see  the  characters  of  more  youths 
corrupted  and  depraved  in  colleges,  more  persons  who 
come  from  colleges  who  end  their  lives  by  committing 
suicide  than  we  do  of  those  who  come  from  the  common 
schools  of  our  country.  They  also  have  a  tendency  to 
create  an  aristocracy,  and  raise  a  distinction  between 
different  classes  of  our  citizens.  Let  us  provide  a  prac- 
tical and  efficient  system  of  common  schools,  in  which 
the  exercises  shall  alternate  between  labor  and  study 
so  that  the  body  of  the  student  may  be  developed  in 
proportion  to  the  advancement  of  the  mind." 

*Mr.  Maverick,  who  had  himself  been  favored  with  the  finest  educa- 
tionnl  advantafje.-,  was  a  eeutleman  of  sterUng  charact*  r,  and  quite 
Avealthy,  being  one  of  the  largest  land  and  cattle  owuers  in  the  Strite. 
He  raist-d  his  children  to  exercise  peculiar  habits  of  indnstr"  and 
economy,  and  was  peculiar  in  other  respects.  It  is  related  of  him,  for 
msia-nce,  that  he  would  generally  take  the  middle  of  Congress  Avenue 
to  avoid  being  jostled  by  the  crowds  which  often  thronged  tiie  side- 
walks during  sessioni  of  the  Legist  iture.  It  is  a'so  stated  that  to  have 
the  benefit  of  any  doubt  a^  to  the  ownership  of  any  unbranded  year- 
ling cnlves  found  and  raised  on  his  ranche.s,  he  had  them  marked  with 
hi>  own  branil,  as  would  st^em  proper,  and  that  from  his  adherence  to 
this  rule  the  term  "mavericks"  came  to  be  applied  generally  to  all 
such  cattle  in  Texas. 


THE  UNIVERSITY  OF  TEXAS.  185 

Mr.  Uuinn  endorsed  the  dual  plan,  and  thought  it 
was  the  proper  time  to  decide  the  matter.  Mr.  Scott 
agreed  with  Mr.  Maverick  that  there  was  no  necessity 
for  such  institutions,  but  if  an  appropriation  must  be 
made  he  would  favor  two  universities.  He  offered  as  a 
substitute  a  bill  appropriating  !|1, 000,000  of  the  live  per 
cent  United  States  bonds  as  an  additional  fund  for 
common  schools. 

Mr.  Palmer  said:  "I  sincerely  hope  that  the  senate 
will  not  destroy  all  the  benefits  which  are  commonly 
•derived  from  institutions  of  this  character  by  fritering 
away  the  means  we  propose  to  donate  by  starting  two 
universities,  neither  of  which  can  be  such  an  institution 
as  what  we  now  have  in  contemplation." 

Mr.  Bryan,  seeing  that  the  prevalent  idea  in  the  leg- 
islature favored  two  Universities  rather  than  one,  or 
else  to  test  the  matter,  finally  offered  a  substitute  to  es- 
tablish two  of  them,  one  in  the  Eastern  and  the  other 
in  the  Western  part  of  the  State. 

The  senate  refus^ed  to  table  the  substitute  and  the 
whole  matter  was  referred  to  the  committee  on  educa- 
tion. 

As  to  Mr.  Armstrong's  argument  based  on  suicides, 
it  will  be  noticed  that  he  makes  no  allowance  for  the 
great  disparity  between  the  number  of  persons  who  at- 
tend the  schools  and  those  sent  to  colleges  and  univer- 
sities. 

As  to  the  probable  resources  of  the  State  about  this 
period,  they  may  be  inferred  from  the  following  state- 
ment, taken  from  an  official  source,  and  referring  to 
the  U.  S.  bonds  alluded  to  in  Mr.  Scott's   amendment: 

"From  1852  to  IftSS  no  tax  was  collected  for  the 
support  of  the  State  government.  One-tenth  of  the 
taxes  assessed  w^as  paid  into  the  State  treasury  for  school 
purposes,  and  nine-tenths  was  remitted  to  the  several 
counties.  The  expenses  of  the  government  for  these 
years  were  paid  from  taxes  accrued  prior  to  1852  and 
from  the  proceeds  of  the  sale  of  a  portion  of  the  terri- 
tory'' of  the  State  (Santa  Fe's  portion)  to  the  United 
States  government.  Of  the  proceeds  of  this  sale, 
$5,000,000  in  United  States  bonds  was  paid  into  the 
State  treasury  in  February,   1852,  and  up  to  January, 


186  THE  UNIVERSITY  OF  TEXAS. 

18G1,  the  State  received  interest  on  the  same,  amount- 
ing to  ^1,625,441.17,  making  total  principal  and  inter- 
est $6,625,441.17."  [Internal  Commerce  of  the  United 
States  I8b9.] 

In  the  Seventh  legislature  in  November,  1887,  Mr. 
Kittrell,  chairman  of  the  house  committee  on  educa- 
tion to  whom  was  refered  a  resolution  instructing  them 
to  enquire  into  the  expediency  of  establishing  one  or 
more  State  Universities,  reported  recommending  "the 
establishment  of  a  State  University  as  soon  as  practi- 
cable." Mr  Kittrell  spoke  at  length  in  favor  of  the 
report  and  stated  that  he  had  just  learned  that  the 
senate  committee  hi^d  decided  to  recommend  a  liberal 
appropriation  in  land  and  money  for  this  object.  He 
stated  there  was  still  in  the  State  treasury  $500,000 
unexpended  balance  of  the  United  States  bonds  not 
needed  for  any  other  purpose. 

Mr.  Jennings  favored  the  report  and  took  occasion  to 
argue  that  the  medical  department  should  be  located  at 
Galveston  or  Houston,  and  that  the  literary  depart- 
ment should  not  be  at  Austin.  ''I  have  three  sons"  he 
said,  "and  I  say  it  in  the  presence  of  God  and  my 
country  that  I  would  let  them  be  uneducated  stock 
raisers  or  mule  drivers,  before,  in  the  effort  to  become 
well  educated,  they  should  learn  the  accomplishments 
of  Congress  avenue."  He  wanted  the  literary  depart- 
ment fixed  on  some  "virgin  league  of  land." 

Mr.  Chilton  preferred  two  universities,  but  would  go 
with  the  majority  if  they  voted  that  proposition  down 
and  would  vote  for  a  single  university,  and  advocate 
its  location  at  Austin.  Mr.  Murrah  (subsequently 
Governor  Murrah)  wanted  a  single  university,  provided 
it  should  be  favorably  located  in  the  eastern  portion  of 
the  State,  where  the  country  was  more  healthy  than  in 
the  prairie  portions.  Mr.  Everett  said:  "It  seems  there 
are  gentlemen  here  who  are  disposed  to  go  beyond  the 
example  of  every  other  State  in  the  Union,  and  force 
upon  the  people  of  the  State  of  Texas  the  establishment 
of  two  universities.  We  are  able  to  build  but  one  uni- 
versit3\  Let  us  have  that  and  its  great  benefits."  Mr, 
Norton  protested  against  taking  the  land  and  monev 
of  the  people  |400,000  and  442,800  acres  of  land,  as 


THE  UNIVERSITY  OF  TEXAS.  187 

propovsed,  to  establish  one  mammoth  university  for  the 
benefit  of  a  privileged  class,  that  the  children  of  the 
rich  may  be  educated  and  those  of  the  poor  neglected. 
He  would  favor  appropriating  the  entire  fund  contem- 
plated for  the  university  to  the  common  schools  of  the 
8tate. 

Messrs.  Ay  cock  and  Buckley  spoke  in  favor  of  a 
single  University. 

Mr.  Locke,  speaker  of  the  House,  did  not  believe  the 
people  were  ready  for  a  University  and  opposed  its 
establishment.  Mr.  Price  and  others  favored  having 
but  one  and  deprecated  the  proposition  of  two  Univer- 
sities, as  rival  institutions  that  would  foster  sectional 
feeling  and  discord  among  the  people.  Mr.  Brown 
favored  the  proposition  for  but  one  University,  but  not 
so  large  an  appropriation  for  it  as  was  proposed. 

Mr.  Dennis  advocated  the  establishment  of  but  one 
University,  arguing  that  "with  apopulationof  over  600,- 
000  people  and  .$700,000  in  the  treasury  and  a  revenue 
of  $1^55,000  and  the  State  tree  from  debt  we  may  safely 
appropriate  from  $200,000  to  $400,000  for  the  purpose 
of  erecting  the  necessary  buildings  that  will  stand  as 
just  monuments  of  State  pride  and  be  of  incalculable 
benefit  to  thousands." 

Mr,  Whaley  argued  that  the  institution  was  anti- 
democratic, not  for  the  greatest  good  to  the  greatest 
number;  that  it  would  be  "a  magnificent  failure,"  an 
"intolerable  burden  upon  the  people,"  and  that  its  es- 
tablishment would  be  legislating  for  a  special  class,  and 
that  class  the  favorites  of  fortune,  who  were  the  only 
ones  that  could  and  would  take  advantage  of  such  an 
institution,  and  who  were  able  to  take  care  of  them- 
selves. 

Mr.  Ward,  for  political  reasons,  in  case  there  should 
ever  be  a  division  of  the  State,  advocated  tw^o  Univer- 
sities. Would  it  be  right,  then,  he  argued,  that  one* 
section  alone  should  possess  this  mammoth  enterprise, 
reared  up  and  maintained  by  the  common  blood  and 
treasury  of  the  whole  State? 

Mr.  Burnet  said  that  he  would  vote  against  the  bill, 
as  we  were  acting  too  hastily.  "The  question,"  he 
argued   "should  be  thoroughly  canvassed   before   the 


188  THE  UNIVERSITY  OF  TEXAS. 

people  and  their  voices  should  be  heard,  as  the}^  are  the 
ones  to  furnish  the  money  to  build  this  University." 
He  wanted  the  common  school  system  placed  upon  a 
firm  basis  before  '  vesting  the  people's  money  and  do- 
main in  any  enterprise  of  doubtful  expediency.' 

Mr.  Hicks  discussed  the  sectional  question  as  likely 
to  be  afiected  by  having  two  Universities. 

February  8,  1858,  the  bill  relating  to  a  State  Univer- 
sity came  up  in  the  House,  the  pending  question  being 
its  final  passage;  and  the  ayes  and  noes  being  demand- 
ed, several  members  asked  to  be  excused  from  voting. 
The  House  refusing  to  excuse  them,  some  of  them  de- 
clined to  vote.  A  discussion  ensued  as  to  points  of 
order  and  modes  of  enforcing  the  rules,  in  which  Mr. 
Speaker  Locke,  Messrs.  Bee,  Kittrill,  Walling,  Keeves 
Evans,  Lee,  Latham  and  others  participated.  The  clerk 
finally  proceeding  with  the  call,  Mr.  Poag,  when  his 
name  was  called,  after  giving  his  views  in  regard  to  the 
history  of  the  previous  action  of  the  House  on  the  sub- 
ject, and  the  present  position  of  the  question,  concluded 
as  follows : 

"Now  there  is  in  our  constitution  a  regulation  which 
declares,  that  when  any  proposition  has  been  once  dis- 
tinctively put  to  a  legislature  and  rejected,  that  legisla- 
ture is  forbidden  to  act  upon  that  particular  proposition 
again.  And  it  makes  no  difference  to  me  how  it  may 
be  changed,  if  it  embraces  the  substance  of  the  proposi- 
tion which  has  been  rejected.  I  feel  itto  be  my  bounden 
duty  to  obey  this  provision  of  the  constitution.  I 
have  no  conscientious  scruples  to  prevent  me  from 
voting  upon  this  question.  I  feel  as  much  bound  to 
vote  against  the  passage  of  a  law  which  I  regard  as  un- 
constitutional, in  consequence  of  previous  action  of  the 
legislature,  as  \1  would  feel  myself  bound  to  vote  for  a 
law  which  I  regard  as  constitutional,  and  for  the  bene- 
fit of  my  constituents  and  the  State  at  large.  For 
these  reasons  I  vote  against  the  whole  matter." 

Mr.  Rainey  said:     "On  account  of  the  constitutional 
objections  urged  by  the  gentleman  from  Panola  (Mr. 
Poag) — because  a  resolution  upon  the  same  subject,  and 
-embracing  the  same  substance,  has  been  rejected  here- 
tofore by  this  body,  and  the   constitution  prohibiting 


THE  UNIVERSITY  OF  TEXAS.  189 

the  passage  of  a  law,  bill,  or  resolution  that  has  been 
once  rejected,  by  either  branch  of  the  legislature — I  do 
not  believe  we  now  have  a  right  to  act  upon  it;  and  be- 
cause, although  I  have  been  very  anxious  to  vote  for 
a  bill  of  this  character  in  some  sbape,  the  bill  now 
before  the  House  does  not  meet  my  approbation,  with- 
out any  further  excuse  or  attempt  at  paliation  or  miti- 
gation, or  anything  else,  I  vote  No." 

Mr.  Reeves:  ''i  ask  to  be  excused  from  voting,  not 
upon  the  grounds  which  have  been  stated  b^^any  other 
gentleman,  but  under  the  60th  rule,  which  sa3^s  that  no 
member  shall  vote  upon  an}--  question,  in  the  event  of 
which  he  is  immediately,  or  particularly  interested.  I 
fell  that  I  am  particularly  interested  in  this  matter  and 
I  wish  to  be  excused  under  the  rule."  The  House 
refusing  to  excuse  him,  he  proceeded:  "I  always  sub- 
mit cheerfully  to  whatever  the  House  says.  But  I  do 
say  that  1  believe  this  body  has  once  acted  upon  the 
same  question,  and  that  if  we  were  to  pass  it  now, 
under  the  constitution  it  could  not  become  a  law,  1 
therefore  vote  no." 

Mr.  Waterhouse  made  some  remarks  inaudible  to 
the  reporter.  He  said  he  believed  this  bill  would  have 
been  as  unconstitutional,  if  presented  for  the  first  time, 
as  it  is  under  present  circumstances.  He  would  there- 
fore vote  no. 

After  the  roll  call  had  been  called  through,  Mr. 
Speaker  Locke  said;  "The  chair  is  informed  that  we 
lack  one  of  a  quorum.  1  do  hope  that  gentlemen  will 
not  assume  the  responsibility  of  defeating  this  measure 
by  refusing  to  vote,  It  is  a  fearful  responsibility  to 
take." 

Mr.  Latham :  •■  I  call  for  the  announcement  of  those- 
who  have  refused  to  vote." 

Mr.  Chilton  :  "I  am  about  to  do  a  thing  which  I  am 
not  satisfied  that  I  am  right  in  doing.  But  I  believe 
we  were  sent  here  to  live  for  each  other;  and  my 
friends  are  directly  interested  in  the  passage  of  the  bill 
at  this  time.  I  have  fought  it  as  long  as  I  could  in 
accordance  with  my  convictions  of  duty.  But  as  it  is 
evident  there  is  a  large  and  respectable  majority  of  this 
House  in  favor  of  this  legislation,  and  by  recording  my 


190  THE  UNIVERSITY  OF  TEXAS. 

vote  No,  I  put  myself  right  upon  the  record,  I  will  do 
so.     I  vote  iN'o." 

The  bill  parsed  by  a  vote  of  48  yeas  to  13  nays. 

Mr.  Chilton  at  once  introduced  a  bill  entitled  "An 
act  setting  apart  fifty  leagues  of  land  for  the  establish- 
ment of  a  Literary  College  in  Eastern  Texas."  The 
bill  was  read,  but  tlie  House  refused  to  suspend  the 
rules  for  its  consideration. 

The  proceedings  are  interesting  to  show  the  senti- 
ment in  the  minds  of  the  representatives  of  the  people 
at  that  period  in  the  history  of  Texas. 

UNIVERSITY    ACT    OF    1858. 

Following  is  the  full  text  of  the  act  of  1858 :  "An 
act  to  establish  the  University  of  Texas."  Whereas, 
From  the  earliest  times  it  has  been  the  cherished  de- 
sign of  the  people  of  the  Republic,  and  of  the  State  of 
Texas  that  there  shall  be  established  within  her  limits 
an  institution  of  learning  for  the  instruction  of  the 
youths  in  the  land  in  the  highest  branches  of  learning, 
and  in  the  liberal  arts  and  sciences,  and  to  be  so  en- 
dowed, supported  and  maintained  as  to  place  within 
the  reach  of  our  people,  whether  rich  or  poor,  the  op- 
portunit}^  of  conferring  upon  the  sons  of  the  State  a 
thorough  education,  and  as  a  means  whereby  the  at- 
tachment of  the  3'oung  men  of  the  State  to  the  interest, 
the  institution,  the  rights  of  the  State  and  the  liber- 
ties of  the  people,  might  be  encouraged  and  increased, 
and  to  this  end  hitherto  liberal  appropriations  of  the 
public  domain  have  been  made;  and,  whereas,  the  in- 
creasing population  and  wealth  of  the  State  and  the 
tendency  of  events  indicate  the  fitness  of  now  putting 
that  cherished  design  into  effect;  therefore. 

Section  1.  Be  it  enacted  by  the  legislature  of  the 
State  of  Texas,  That  there  is  hereby  established  within 
the  state  an  institution  of  learning  to  be  styled  "The 
University  of  Texas,"  to  be  located  at  such  place  and 
in  such  manner  as  may  be  determined  by  law. 

Sec.  2.  The  sum  of  one  hundred  thousand  dollars 
of  the  United  States  bonds  in  the  treasury  not  other- 
wise appropriated  is  hereby  set  apart  and  appropriated 
to   the  establishment   and   maintenance  of   the  same. 


THE   UNIVERSITY  OF  TEXAS.  191 

The  fifty  leagues  of  land  which  b}^  the  act  of  January 
26,  1839,  entitled  "An  act  appropriating  certain  lands 
for  the  establishment  of  a  general  system  of  education," 
were  set  apart  and  appropriated  for  the  establishment 
and  endowment  of  two  colleges  or  universities,  are 
hereby  set  apart  and  appropriated  to  the  establishment 
and  maintenance  of  the  University  of  Texas.  There  is 
hereby  set  apart  and  appropriated  to  the  same  purpose 
one  section  of  land  out  of  every  ten  sections  of  land 
w^hich  have  heretofore  been  or  may  be  hereafter  sur- 
veyed and  reserved  for  the  use  of  the  State,  under  the 
provisions  of  the  act  of  January  30,  1854,  entitled  "An 
act  to  encourage  the  construction  of  railroads  in  Texas 
by  donations  of  land,"  and  under  the  provisions  of  any 
general  or  special  law  heretofore  passed,  granting  lands 
to  railroad  companies,  and  under  the  provisions  of  the 
act  of  February  11,  1854,  granting  lands  to  the  Galves- 
ton and  Brazos  Navigation  Company.  The  Governor 
of  the  State  shall  select  the  sections  hereby  appropri- 
ated, so  that  no  sections  shall  adjoin,  out  of  the  lands 
now  surveyed,  as  soon  as  practicable,  and  out  of  the 
lands  hereafter  to  be  surveyed,  as  soon  thereafter  as 
practicable,  and  shall  cause  a  record  to  be  made,  in 
the  land  office  of  the  State,  of  the  sections  so  selected; 
and,  thereupon  it  shall  be  the  duty  of  the  Commissioner 
of  the  General  Land  Office  to  designate,  upon  hi?  maps, 
the  sections  so  selected  as  University  lands.  The  sale 
of  these  sections  shall  hereafter  be  regulated  by  a  special 
law. 

Sec.  3.  The  control,  management  and  supervision 
of  the  University,  and  the  care  and  preservation  of  its 
property,  subject  alwa3^s  to  the  control  of  the  Legisla- 
ture is  committed  to  a  board  of  ten  persons  to  be  styled 
"The  Administrators  of  the  University  of  Texas" 
which  shall  be  composed  of  the  Governor  of  the  State 
of  Texas,  the  Chief  Justice  of  the  Supreme  Court  of 
Texas  and  eight  others,  who  shall  be  appointed  by  the 
Governor,  by  and  with  the  consent  of  the  Senate,  to 
hold  office  for  four  years,  and  until  their  successors  are 
qualified.  The  Administrators  shall  receive  no  com- 
pensation for  their  services. 

Sec.  4.     The  following  branches  of  learning  shall  be 


192  THE  UNIVERSITY  OF  TEXAS. 

taught  at  the  University,  viz:  Ancient  and  Modern 
Languages,  the  different  branches  of  Mathematics,  pure 
and  physical,  Natural  Philosophy,  Chemistry,  Mineral- 
ogy including  Geology,  the  principles  of  Agriculture, 
Botany,  Anatomy,  JSurgery  and  Medicine,  Zoology, 
History,  Ethics,  Rhetoric  and  Belles  Letters,  Civil  Gov- 
ernment, Political  Economy,  the  Law  of  Nature,  of 
Nations,  and  Municipal  Law. 

!Sec.  5.  The  religious  tenet  of  any  j^erson  shall  not 
be  made  a  condition  of  admission  to  any  privilege  or 
office  in  the  University;  nor  shall  any  course  of  reli- 
gious instruction  be  taught  or  allowed,  of  a  sectarian 
character  and  tendency. 

Sec.  6.  The  administrators  shall  have  the  power  to 
appoint  the  president,  faculty,  instructors  and  officers 
of  the  university,  and  prescribe  the  course  of  instruc- 
tion and  discipline  to  be  observed  in  the  university. 
They  shall  fix  the  salaries  of  the  president,  faculty, 
instructors  and  officers  of  the  university.  Five  of  the 
administrators,  with  the  Governor  or  the  Chief  Justice, 
lawfully  convened,  shall  be  a  quorum  for  the  transac- 
tion of  business.  They  shall  meet  at  least  once  in 
every  year  for  the  transaction  of  business,  and  shall 
keep  a  record  of  their  proceedings.  They  shall  have 
a  secretary,  to  be  elected  by  them.  They  shall  have 
power  to  make  all  regulations,  which,  to  them,  shall 
seem  expedient  for  carrying  into  effect  the  design  con- 
templated by  the  establishment  of,  this  university,  not 
inconsistent  with  the  laws  of  the  State. 

Sec.  7.  The  administrators  shall  have  the  right  of 
conferring  on  any  person  whom  the}^ may  think  worthy 
thereof,  all  literary  honors  and  degrees  known  and 
usually  granted  by  any  university  or  college  in  the 
United  States,  or  elsewhere. 

Sec.  8.  The  administrators  shall  report  to  the  Leg- 
islature, at  each  session,  the  sitution  of  the  affairs  of 
the  university. 

Sec.  9.  Listruction  at  the  university  shall  be  free, 
and  the  administrators  shall  prescribe  what  degree  of 
proficiencies  shall  entitle  students  to  admission. 

Sec.  10.  A  committee,  to  be  appointed  by  the  Leg- 
islature at  each  session,  shall  attend  the  annual  exami- 


THE  UNIVERSITY  OP  TEXAS.  193 

nations  of  the  students  of  the  university,  and    report 
to  the  Legislature  thereon. 

8ec.  11.  The  reasonable  expenses  incurred  by  the 
administrators  and  visiting  committee  in  the  discharge 
of  then-  duties  shall  be  paid  out  of  the  funds  of  the 
university. 

Sec.  12.  The  Treasurer  of  the  State  shall  be  treas- 
urer of  the  university  funds. 

Sec.  13.  t^o  soon  as  the  location  of  the  university 
is  determiued  upon,  it  shall  be  the  duty  of  the  admin- 
istrators to  proceed  to  the  construction  of  the  necessary 
buildings,  and  for  that  purpose,  they  shall  procure  the 
services  of  a  com[)etent  architect,  who  shall  superin- 
tend the  work.  iSuch  plan  and  design  for  the  build- 
ings shall  be  adopted,  as  shall  be  consistent  with  the 
addition  of  wings,  or  other  structures  hereafter,  with- 
out marring  the  architectural  beauty  and  fitness  of 
the  whole.  There  shall  be  constructed  suitable  build- 
ings for  the  accommodation  of  the  professors  and  their 
families.  The  contracts  for  the  buildings  shall  re- 
quire the  performance  of  the  work  under  ample  se- 
curity for   its  fitness,  and  faithfulness. 

Section  14.  The  expenditures  of  the  university  for 
the  construction  of  buildings,  or  otherwise,  shall  be 
made  under  the  order  of  the  administrators;  and 
when  money  is  required  for  the  payment  of  the  same 
it  shall  be  drawn  upon  the  warrant  of  the  governor, 
countersigned  by  the  secretary  upon  the  treasurer,  who 
shall  pay  the  same  out  of  the  university  funds.  And 
this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage.     Approved  Feb.  11,  1858. 

As  to  Reservation  in  act  of  1854,  see  Oldham  &  White's 
digest  371,  article  1676,  section  11. 

EFFORTS    FOR    TWO    UNIVERSITIES. 

Attempts  were  made  in  the  Eleventh  Legislature 
to  establish  two  universities,  as  indicated  by  the  fol- 
lowing  action: 

Act  of  November  12,  1^66,  amendatory  of  an  act 
to  establish  the  University  of  Texas,  approved  Feb- 
ruary   11,  1858. 

13— L 


194  THE  UNIVERSITY  OF  TEXAS. 

Section  1.  Amend  to  read,  "That  there  is  hereby 
established  within  this  State  an  institution  of  learning 
to  be  styled  'The  University  of  Texas,'  to  be  located 
at  such  place  as  the  administrators  shall  select,  and  in 
such  manner  as  may  hereinafter  be  determined. 

Sec.  2.  That  section  'A  is  hereby  amended  as  fol- 
lows: The  sum  of  |1 09,472.26,  which  was  transferred 
from  the  university  account  to  the  State  revenue  ac- 
count, under  the  provisions  of  an  act  passed  Jan.  3, 
1860,  be  and  the  same  is  hereby  required  to  be  again 
placed  to  the  credit  of  the  university  fund,  in  con- 
formity with  section  one  of  an  ordinance  of  the  late 
convention,  securing  the  common  school  and  university 
fund  and  for  other  purposes;  and  it  is  hereby  made  the 
duty  of  the  comptroller  to  execute  a  State  bond  for. 
that  sum,  bearing  interest  at  the  rate  of  five  per  cent 
per  annum,  and  when  executed  the  same  is  hereby 
set  apart  and  appropriated  to  the  establishment  and 
m.aintenance  of  the  same. 

One-half  of  the  proceeds  of  the  fifty  leagues  of  land 
which,  by  the  act  of  Jan.  26,  1839,  entitled  "An  act 
appropriating  certain  lands  for  the  establishment  of 
a  general  system  of  education,"  were  set  apart  and 
appropriated  for  the  establishment  and  endowment  of 
two  colleges  or  universities  are  hereby  set  apart  and 
appropriated  for  the  establishment  and  maintenance 
of  the  University  of  Texas,  the  remainder  to  be  reserved 
for  the  benefit  of  a  similar  university,  which  at  some 
future  time  may  be  necessary  to  be  established  in  a 
different  portion   of  the   State. 

Sec.  3.  Provides  what  branches  of  learning  shall 
be  taught,  and  that  there  shall  be  added  a  system  of 
normal  schools;  and  "there  shall  also  be  a  course  of 
instruction  delivered  on  the  science  and  art*  of  war 
in  order  to  qualify  the  students  to  perform  efficiently 
their  duty  in  the  militia,  to  enable  them  to  read  un- 
derstandingly  the  great  battles  of  she  world  which  have 
decided  the  fate  of  empires  and  influenced  the  pro- 
gress of  civilization  of  nations." 

Section  4  empowers  the   administrators   to   appoint 
and  fix  salaries  of  the  chancellor,  professors,  etc.,  pre- 


THE  UNIVERSITY  OF  TEXAS.  195 

scribes  course  of  instruction  and  discipline,  and  defines 
their  other  duties.     They  are  to  have  a  secretary. 

Section  5  provides  for  free  tuition  and  prescribes 
rules  for  admission  of  students. 

iSection  6  provides  for  a  committee  of  both  houses  of 
the  legislature  to  attend  the  annual  examinations  of 
the  students  and  report  to  the  legislature. 

Section  7  provides  for  erection  of  buildings  as  soon 
as  the  location  is  determined,  the  construction  to  be 
under  the  supervision  of  a  competent  architect.  The 
buildings  are  to  be  constructed  with  reference  to  the 
addition  of  wings.  The  funds  are  not  to  be  used  to 
build  houses  for  the  officers  or  dormitories  for  students. 
Approved  November  12,  1866. 

Joint  Resolution  of  November  13,  1866:  Whereas, 
by  a  recent  act  of  the  Eleventh  Legislature,  twenty-five 
leagues  of  land  were  reserved  for  the  establishment  and 
endowment  ot  another  University,  contradistinguished 
from  the  'University  of  the  State  of  Texas;"  And 
whereas,  the  increasing  population  of  the  State,  its 
vast  extent  and  the  absence  of  the  necessary  facilities 
of  travel  render  it  important  that  this  University  be 
located;  Therefore  be  it  resolved:  That  A.  M.  Perkins 
of  Jasper  county,  J.  H.  Starr  of  Nacogdoches  county, 
James  Graham  of  Lamar  county,  Mont  Hall  of  Harri- 
son county,  I.  L  Camp  of  Upshur  county;  D.  W.  Jones 
of  Titus  county,  W.  B.  Dashiell  of  Kaufmann  county, 
W.  K.  Marshall  of  Rusk  county,  J.  K.  Bumpus  of  Col- 
lin county,  Dr.  Cooper  of  Panola  county,  Wm.  Moore 
of  Bowie  county,  M.  H.  Bonner  of  Cherokee  county, 
J.  M.  Perry  of  Anderson  county  and  J.  C.  Hardin  of 
Smith  county  be  and  the  same  are  hereby  created  a 
Board  of  Administrators  of  said  University,  to  hold 
office  four  years,  and  soon  as  practicable  select  a  suit- 
able location  for  the  Univerit}''  in  a  different  section  of 
the  State  from  that  of  the  "University  of  Texas,"  to  be 
known  as  the  "East  Texas  University."  The  sum  of 
$2,500  is  appropriated  for  the  board's  expenses  to  make 
the  location.     Approved  November  13,  1866. 

RECOMMENDATIONS    OF   THE    TEACHERs'    ASSOCIATION. 

At  the  State  Teachers'  Association  of  Texas,  held  in 
June,  1880,  at  Mexia,  Governor  Roberts  attended  and 


196  THE  UNIVERSITY  OF  TEXAS. 

expressed  his  views  upon  the  propriety  of  inaugurating 
a  movement  for  the  establishmeiat  of  the  State  Univer- 
sity and  asked  the  countenance  and  assistance  of  that 
body  in  the  efiort — not  that  the  State  was  how  able  to 
establish  it  on  a  large  scale,  but  that  it  could  be  started, 
and,  until  it  was  started,  it  would  never  be  known  and 
appreciated  what  such  an  institution  required  for  its 
successful  operation.  The  subject  was  discussed  by  the 
association  and  a  committee  was  raised  to  memorialize 
the  legislature,  through  the  governor,  in  favor  of  it. 
The  committee  was  composed  of  Oscar  H.  Cooper, 
chairman,  and  W.  C.  Crane,  S.  [G.  Sneed,  R.  W.  Pit- 
man, Smith  Ragsdale,  Jno.  G.  James  and  0.  N.  Hol- 
lingsworth.  The  memorial  having  been  drawn  up, 
was  signed  by  the  committee  and  attested  by  A.  J. 
Roberts,  vice  president  of  the  association.  It  contained 
the  recommendation  of  the  main  features  of  the  bill 
that  afterwards  became  a  law  for  the  establishment  and 
organization  of  the  University.  Having  been  handed 
to  the  governor  by  the  chairman,  it  was  presented  with 
his  message  to  the  legislature  January  28,  1881.  The 
governor  had  already,  January  26,  urged  the  propriety 
of  at  once  establishing  the  University  at  the  State 
capital  for  numerous  reasons,  and  that  it  should  be 
open  for  females  as  well  as  males  qualified  to  enter. 
His  official  suggestions  doubtless  had  great  weight  in 
influencing  the  vote  of  the  people  to  locate  the  institu- 
tion at  the  capital  of  the  State  where,  as  a  rule,  all 
State  institutions  should  be  established.  The  bill  was 
drawn  up  by  Professor  Cooper,  assisted  by  one  of  the 
committee,  O.  N.  Hollingsworth,  and  after  being  sub- 
mitted to  the  governor  was  handed  to  Senator  John 
Buchanan  of  Wood  county,  through  whom,  as  chairman 
of  the  Committee  on  Education,  it  was  laid  before  the 
Senate.  The  journals  of  the  legislature  show  that  Sen- 
ators Buchanan,  A.  W.  Terrell  of  Travis,  Wynne  of 
Rusk,  Gooch  of  Anderson  and  Stubbs  of  Galveston 
were  active  in  carrying  it  through  in  the  shape  it 
passed  by  a  unanimous  vote  of  the  Senate,  and  that  it 
passed  in  the  House  of  Representatives  without  any 
serious  difficulty.  (See  sketch  of  Governor  Roberts  in 
Daniel's  "Types  of  Successful  Men  of  Texas.") 


THE   UNIVERSITY  OP  TEXAS.  197 

ACTION    OF    THE   .SEVENTEENTH    LEGISLATUEE. 

• 

Governor  Roberts  but  briefly  alluded  to  the  Univer- 
sity in  his  message  of  January  26,  1881,  to  the  Seven- 
teenth legislature  convened  in  regular  session.  Its 
affairs,  however,  received  further  consideration  in  the 
course  of  the  session.  The  members  of  the  Senate  of 
that  session,  named  in  the  order  of  their  respective 
districts,  were:  S.  B.  Cooper,  W.  W.  Withered,  R.  M. 
Wynne,  W.  H.  Tilson.  R.  L.  Hightower,  W.  J.  Swain, 
John  M.  Duncan,  John  Y.  Gooch,  H.  W.  Lightfoot, 
John  C.  Buchanan  of  Wood,  J.  M.  Martin  of  Cooke, 
W.  D.  Lair,  x\nson  Rainey,  F.  M.  Martin  of  Navarro, 
J.  N.  Henderson,  J.  T.  Buchanan  of  Grimes,  W.  M 
Burton,  Chas.  Stewart,  J.  B.  Stubbs.  W.  K.  Homan,  A. 
J.  Harris,  L.  S.  Ross,  W.  R.  Shannon,  J.  H.  Davenport, 
A.  W.  Terrell,  A.  W.  Moore,  S.  C.  Patton,  E.  R.  Lane, 
S.  Powers,  A.  W.  Houston  and  W.  H.  Purges. 

Lieutenant  Governor  L.  J.  Story,  in  his  address  as 
President  of  the  Senate,  thus  alluded  to  the  University  : 
"What  Texan's  heart  does  not  throb  with  delight  as  he 
contemplates  the  prosperity  before  us,  and,  as  1  believe, 
in  the  near  future,  for  the  erection  of  a  first-class  State 
University?  Already  the  princely  fund  provided  by 
our  patriot  fathers  lor  this  purpose  is  believed  to  have 
reached  the  value  of  $2,500,000,  and  the  demand  is 
coming  up  from  every  quarter  that  the  legislature  shall 
declare  that  it  is  now  '  practicable, '  and  that  it  shall 
proceed  to  ^establish,  organize  and  provide  for  the 
maintenance,  support  and  direction  of  a  university  of 
the  first  class,  to  be  styled  the  University  of  Texas. ' 
Let  the  good  work  begin  at  once  and  be  pressed  to  an 
early  completion,  and,  as  soon  as  possible,  save  to  Texas 
the  quarter  of  a  million  dollars  annually  contributed 
by  her  people  to  build  up  and  support  institutions  of 
learning  in  other  States  where  they  send  their  children 
to  be  educated.  And,  better  still,  let  the  heroic  deeds 
of  our  patriot  fathers  be  studied  by  the  youths  of  Texas 
in  our  own  institutions,  and  from  the  proud  dome  of 
our  University,  as  it  towers  above  the  hilltops  of  the 
Capital  City,  let  them  map  out  for  themselves  the  path- 
way to  fame  and  to  fortune. 


198  THE   UNIVERSITY   OF  TEXAS. 

January  19  Senator  Lane  introduced  a  bill  entitled 
"An  act  to  adjust  the  State's  indebtedness  to  the  Uni- 
versity fund  and  to  make  an  appropriation  therefor. " 
Referred  to  Committee  on  Finance. 

February  3  the  bill  was  taken  up  and  unanimously 
passed  by  the  Senate,  and  on  April  1  a  message  an- 
nounced that  the  bill  had  been  defeated  in  the  House. 

January  29  the  message  of  Governor  Roberts  was 
received,  transmitting  a  memorial  of  the  State  Teach- 
ers' Association,  previously  referred  to,  urging  the  im- 
mediate organization  of  a  State  University  and  express- 
ing the  views  of  the  Association  as  to  a  plan  of 
organization.     Referred  to  Committee  on  Education. 

Among  the  features  suggested  in  the  memorial  were 

these : 

Organization  of  but  one  University. 

Regents  to  consist  of  one  member  from  each  congres- 
sional district,  appointed  by  the  Governor. 

The  regents  to  be  empowered  and  required  to  elect  a 
President  of  the  University  and  members  of  the  fac- 
ulty and  other  officers  of  the  University  and  fix  their 
salaries. 

No  religious  qualifications  to  be  prescribed  or  reli- 
gious instruction 'of  a  sectarian  character  to  be  taught 
in  the  University. 

The  State  Treasurer  to  be  Treasurer  of  the  Univer- 
sity. 

No  University  funds  to  be  used  for  erecting  dormito- 
ries, professors'  houses  or  mess  halls. 

Election  to  locate  the  University  to  be  ordered  at  the 
earliest  date  possible. 

January  31  Senator  Wynne  offered  a  resolution 
which  was  adopted,  "That  the  Committee  on  Educa- 
tional Affairs  be  requested  to  consider  the  propriety  of 
establishing  a  State  University,  and  report  their  action 
by  bill  or  otherwise. " 

February  1  Senator  Buchanan  of  Wood  introduced  a 
bill,  Senate  bill  98,  entitled  "An  act  to  establish  the 
State  University. "  Referred  to  Committee  on  Educa- 
tion. 

February  11  Senate  bill  98  was  considered. 

Amendment  by  Senator  Gooch  was  adopted,  that  the 


THE  UNIVERSITY  OP  TEXAS.  199 

University  shall  be  open  to  male  and  female  students 
on  equal  terms,  xlmendment  by  Senator  Stubbs,  pro- 
viding that  the  medical  department  may  be  located  by 
vote  of  the  people  at  a  different  point  and  as  a  branch 
of  the  main  University,  was  lost  and  the  bill  was  or- 
dered engrossed. 

Senator  iStubbs'  amendment  was  subsequently  adopt- 
ed— yeas  17,  nays  6,  the  latter  being  Buchanan  of 
Wood,  Cooper,  Gooch,  Ross,  Terrell  and  Wynne,  and 
the  bill  passed.  Senators  Wynne  and  Cooper  present- 
ed written  reasons  for  opposing  the  Stubbs  amendment. 

March  28  a  message  from  the  House  announced  the 
passage  of  the  bill  with  House  amendments.  The  Sen- 
ate concurred  in  the  amendments. 

A  message  from  the  House  announced  the  passage  of 
Senate  bill  290,  "An  act  to  provide  for  the  protection 
of  the  title  of  the  State  to  the  University  lands  in  Hill 
and  McLennan  counties."  The  bill  was  signed  by  the 
President  of  the  Senate. 

March  29  Senator  Buchanan  introduced  a  bill  to 
amend  Section  5  (relative  to  appointment  of  regents) 
of  an  act  entitled  "An  act  to  establish  the  University 
of  Texas. "  The  bill  was  referred  and  reported  from 
the  Committee  on  Education,  and  was  unanimously 
passed  and  signed  by  the  President  of  the  Senate. 

The  President  signed  Senate  bill  lo4,  "An  act  to 
provide  for  the  issuance  of  manuscript  bonds  of  the 
State  for  the  investment  of  the  funds  derived  from  tlie 
sale  of  the  lands  belonging  to  the  State  University, 
the  public  schools  of  the  State,  etc. " 

April  1.  A  message  from  Governor  Roberts  an- 
nounced the  following  appointments  of  University  Re- 
gents: Hon.  T.  J.  Devine,  of  Bexar  county;  Dr.  Ash- 
bel  Smith,  of  Harris  county;  Gov.  J.  T.  Throckmorton, 
of  Collin  county;  Gov.  R.  H.  Hubbard,  of  Smith 
county;  Gov.  E.  M.  Pease,  of  Travis  county;  Dr.  James 
H.  Starr,  of  Harrison  county;  Mr.  A.  N.  Edwards,  of 
Hopkins  county;  Prof.  Smith  Ragsdale,  of  Parker 
county. 

Another  message  was  received  from  the  governor  as 
follows:  "Learning  there  is  some  objection  to  the  ap- 
pointment of  Governor  Pease,  and  not  having  consulted 


200  THE  UNIVERSITY  OF  TEXAS. 

him  on  the  subject  of  sending  in  his  name  to  the  senate 
as  one  of  the  regents  of  the  university  of  Texas,  1  beg 
leave  to  substitute  the  name  of  Hon.  James  H.  Bell,  ot 
Travis  county." 

The  appointments  were  confirmed. 

After  some  minor  business  the  Senate  adjourned  sine 
die. 

The  objections  to  Governor  Pease  are  understood  to 
have  been  on  account  of  his  political  views  as  to  the 
management  of  the  University. 

There  being  no  Journal  of  the  House  proceedings  for 
this  session  preserved  in  the  State  department,  the  fol- 
loAving  references  are  from  the  columns  of  the  states- 
man: January  2t5,  18(S1,  the  memorial  of  the  State 
Teachers'  association  urging  the  establishment  of  the 
University  as  already  noticed  in  the  Senate  proceedings 
was  read  and  refe-rred  to  the  Committee  on  Education. 

February  4.  Senate  bill  50,  ''An  act  to  adjust  the 
State's  indebtedness  to  the  University  fund  and  make 
an  appropriation  therefor,"  was  referred  to  the  Finance 
Committee. 

February  7.  In  compliance  with  a  resolution  of  the 
House  that  Committee  on  Education  report  as  to  the 
propriety  of  establishing  a  State  University,  Mr. 
Hutcheson,  for  the  committee,  reported  a  bill  entitled 
"An  act  to  establish  the  University  of  Texas."  The  bill 
was  ordered  printed. 

February  14.  Mr.  Todd  introduced amemorial  from 
citizens  of  Jefferson,  Texas,  favoring  the  location  of  the 
medical  department  at  the  University  of  lexas  at  Gal- 
veston.    Referred. 

[In  an  editorial  Februar}^  16,  18>!)1,  by  Col.  Cardwell, 
the  Statesman  opposed  locating  the  medical  branch  at 
Galveston  or  anywhere  away  from  the  main  university 
at  Austin.] 

March  19.  The  general  appropriation  bill  was  under 
consideration  in  the  House. 

The  Senate  bill  proposed  that  the  appropriation  of 
$14,000  for  the  Sam  Houston  normal  school  be  given 
out  of  the  available  school  fund.  The  House  commit- 
tee changed  it  to  come  out  of  the  University  fund. 

Mr.  Todd  moved  to  strike  out  both  and  pay  the  ap- 


THE  UNIVERSITY  OF  TEXAS.  201 

propriation  out  of  the  general  revenue.  He  contended 
that  it  was  not  right  or  lawful  to  pay  this  item  out  of 
the  fund  which  legally  belongs  to  the  school  children. 

Mr.  McComb  controverted  the  argument  of  Mr.  Todd 
and  held  that  under  the  constitution  it  was  perfectly 
competent  to  make  the  appropriation  as  proposed.  He 
made  the  point  that  the  normal  schools  are  in  effect  an 
integral  part  of  the  public  free  schools.  Mr.  Mack 
held,  like  Mr.  Todd,  that  the  constitution  prohibited 
the  appropriation  out  of  this  particular  fund.  Mr. 
Matlock  contended  that  the  legislature  had  ifo  right  to 
invade  this  fund  for  the  purpose  proposed  by  the  com- 
mittee. Mr.  Fly  and  Mr.  Faulk  took  nearly  the  same 
ground  occupied  b}^  Mr.  Matlock. 

Mr.    Todd's  amendment  was  lost. 

Mr.  Hutcheson  held  that  it  was  illegal  to  divert  the 
school  fund  to  this  purpose,  and  favored  sustaining  the 
normal  schools  out  of  the  general  revenue.  Mr.  Par- 
ker, in  a  short  argument,  took  the  same  position  as- 
sumed by  Mr.  Hutcheson.  Mr.  Peacock  held  that  the 
normal  school,  not  being  a  part  of  the  University,  the 
fund  of  the  latter  could  not  be  given  for  the  benefit  of 
the  normal. 

The  amendment  of  the  House  committee  to  substi- 
tute "university"  for  "available  school  fund"  was 
adopted. 

March  22.  Nearly  the  entire  forenoon  in  the  House 
was  consumed  in  discussing  the  constitutionality  of  the 
question  of  whether  or  not  the  money  appropriated  for 
normal  schools  should  come  out  of  the  available  school 
fund,  the  university  fund  or  the  general  revenue.  Mr. 
Peacock  moved  to  strike  out  all  appropriations  for 
normal  schools,  which  motion,  after  a  long  discussion, 
was  lost. 

During  the  afternoon  the  Committees  on  Education 
of  both  houses  were  addressed  on  the  subject  of  the 
university  bill  by  Dr.  Webb,  of  Galveston,  and  Col. 
Ashbel  Smith,  of  Harris  county.  They  favored  the  lo- 
cation of  the  medical  department  at  some  other  point 
than  the  seat  of  government,  or  the  University  proper. 

The  claims  of  the  Island  City  were  presented  as  the 
largest  city  in  the  State,  affording  the  most  extensive 


202  THE  UNIVERSITY  OP  TEXAS. 

hospital  practice,  and  the  greatest  variety  of  opportun- 
ities for  experimental  teaching.  They  did  not  desire 
the  legislature  to  name  any  particular  place,  but  simply 
amend  so  that  this  department  may  be  located  separ- 
ately and  at  the  best  point.  They  received  a  very 
attentive  hearing  by  the  committee. 

March  25.  The  bill  reorganizing  the  directory  of 
the  A.  &  M.  College  was  taken  up  in  the  House.  This 
is  a  senate  bill  and  provides  for  four  directors  to  be 
appointed  by  the  governor  and  confirmed  by  the  Sen- 
ate, and  tffe  governor  to  be  chairman  of  the  board.  It 
also  provides  for  three  State  students  from  each  sena- 
torial district,  to  be  educated  at  the  expense  of  the 
State. 

A  motion  was  made  to  indefinitely  postpone  the  bill 
and  a  long  discussion  ensued  in  which  the  merits  and 
demerits  of  the  .college  were  thoroughly  canvassed, 
and  in  which  were  made  prominent  the  objections  of 
members  to  the  political  influence  wielded  by  the  insti- 
tution. Mr.  Hutcheson  offered  an  amendment  provid- 
ing that  the  governor  shall  not  be  a  member  of  the 
board.  He  said  that  under  the  bill,  the  governor 
could  appoint  a  board  he  could  control  and  then 
as  chairman  could  be  the  absolute  spirit  of  the  concern. 
The  amendment  of  Mr.  Hutcheson  providing  for  five 
directors  was  adopted. 

Mr.  Faulk  offered  an  amendment  providing  for  the 
election  of  the  directors  by  joint  session  of  the  legisla- 
ture, and  supported  his  amendment  in  a  few  remarks 
in  which  he  advanced  some  cogent  reasons  why  the 
legislature  should  elect  these  directors  instead  of  "'leav- 
ing their  appointment  to  the  governor.  Mr.  Fly  op- 
posed the  election  by  the  legislature  and  thought  the 
best  way  to  dissever  the  institution  from  politics  is  to 
take  it  out  of  the  legislative  halls.  He  offered  a  substi- 
tute to  allow  the  governor  to  appoint.  Mr.  Douglass 
was  in  favor  of  the  legislature  electing  the  directors. 
The  substitute  of  Mr.  Fly  was  adopted  by  a  vote  of  53 
yeas  to  30  nays,  which  leaves  the  appointment  of 
the  directors  in  the  hands  of  the  governor,  but  the  lat- 
ter will  not  be  a  member  of  the  board.     The  previous 


THE  UNIVERSITY  OF  TEXAS.  203 

question  was  ordered  and  the  bill  passed  to  its  third 
reading. 

Mr.  tScott  called  up  the  bill  to  e.stablish  the  State 
University,  and  it  was  postponed  till  tomorrow.  The 
speaker  appointed  a  committee  of  free  conference  on 
the  part  of  the  House  on  the  general  appropriation 
bill. 

Mr.  Carleton,  the  member  from  Austin,  made  an 
earnest  appeal  last  night  in  behalf  of  the  State  Univer- 
sity. The  bill  comes  up  today  but  what  wijl  be  done 
with  it  is  extremely  problematical. 

March  26.  The  bill  to  establish  the  Texas  Univer- 
sity was  taken  up.  The  committee  of  the  House 
reported  adversely  upon  the  feature  of  this  bill,  which 
provides  that  the  medical  department  may  be  located  at 
a  point  different  from  that  at  which  the  college  proper 
is  situated.  This  report  elicited  considerable  discus- 
sion. Messrs.  Barry,  Finlay  and  Woods  opposed  and 
Messrs.  Mack  and  Todd  favored  the  report.  The  yeas 
and  nays  were  ordered  on  the  rejection  of  the  commit- 
tee report  and  resulted:  yeas  4 '.i,  nays  30,  and  the 
report  of  the  committee  was  rejected.  After  several 
amendments  the  bill  was  passed.  Under  the  new  bill 
the  directors  of  the  A.  &  M.  college  will  hold  their 
office  for  six  years. 

The  bill  to  set  apart  alternate  sections  of  land  sur- 
veyed in  the  State  by  and  for  railroads  and  other  works 
of  intehial  improvements,  tor  the  benefit  of  the  State 
University  and  other  school  purposes,  was  taken  up 
and  read.  The  Senate  passed  a  substitute  for  the  House 
bill.  Mr.  Hutcheson  moved  to  postpone  the  matter 
and  have  the  substitute  printed.     Lost. 

Mr.  Chenoweth  filed  his  reasons  for  voting  against 
the  amendment  to  the  A.  &  M.  College  bill,  providing 
that  the  governor  appoint  the  directors,  and  putting 
himself  on  record  as  being  opposed  to  placing  more 
patronage  in  the  hands  of  the  Fxeeutive. 

Some  people  can  be  found  who  will  say  Mr.  Cheno- 
weth has  struck  the  key  note  to  the  situation. 

April  1.  The  bill  to  adjust  the  State  debt  to  the 
University  fund  was  taken  up  and  the  House  refused 


204  THE  UNIVERSITY  OF  TEXAS. 

to    suspend  the  rules  to   pass   it.     After   some    minor 
business  the  House  adjourned  sine  die. 

University  A<;t  of  1881. 

Section  ].  Be  it  enacted  by  the  legislature  of  the 
State  of  lexas :  That  there  be  established  in  this  State, 
at  such  locality  as  may  be  determined  by  a  vote  of  the 
people,  an  institution  of  learning,  which  shall  be  called 
and  known  as  the  University  of  Texas.  The  medical 
department^of  the  University  shall  be  located,  if  so  de- 
termined by  a  vote  of  the  people,  at  a  different  point 
from  the  University  proper,  and  as  a  branch  thereof, 
and  the  question  of  the  location  of  said  department 
shall  be  submitted  to  the  people  and  voted  on  sepa- 
rately from  the  propositions  for  the  location  of  the 
main  University.  The  nominations  and  elections  for 
the  location  of  the  medical  department  shall  be  subject 
to  the  other  provisions  of  this  act,  with  respect  to  the 
time  and  manner  of  determining  the  location  of  the 
University. 

Sec.  2.  Aa  election  shall  be  held  on  the  first  Tues- 
day of  September,  1881,  for  the  purpose  of  locating  the 
University  of  Texas,  and  the  Governor  is  hereby  au- 
thorized and  instructed  to  issue  his  proclamation  order- 
ing an  election  on  said  day  for  said  purpose,  and  returns 
of  said  election  shall  be  made  in  the  manner  pre- 
scribed   in  the  general  election  law. 

Sec.  3.  All  localities  put  in  nomination  for  the  lo- 
cation of  the  University  shall  be  forwarded  to  the  Gov- 
ernor at  least  forty  days  anterior  to  the  holding  of  said 
election,  and  the  Governor  shall  embrace  in  his  proc- 
lamation ordering  said  election,  the  names  of  said  lo- 
calities; provided,  that  any  citizen  may  vote  for  any  lo- 
cality not  named  in  said  proclamation. 

Sec.  4.  The  locality  receiving  the  largest  number  of 
votes  shall  be  declared  elected,  and  the  University  shall 
be  established  at  such  locality ;  provided,  that  the  vote 
cast  for  said  locality  shall  amount  to  one-third  of  the 
votes  cast;  but  if  no  place  shall  receive  one-third  of  the 
entire  vote  cast,  another  election  shall  be  ordered  with- 
in ninety  days  of  the  first  election,  between  the  two 
places  receiving  the  highest  number  of    votes,  and  the 


THE  UNIVERSITY  OP  TEXAS.  205 

one  receiving  the  highest  number  at  said  second  elec- 
tion shall  be  declared  to  be  selected  by  the  people  as 
the  location  of  the  University  of  Texas. 

Sec.  5.  The  government  of  the  University  shall  be 
vested  in  a  board  of  regents,  to  consist  of  eight  mem- 
bers selected  from  different  portions  of  the  State,  who 
shall  be  nominated  by  the  governor,  and  appointed  by 
and  with  the  consent  of  the  Senate. 

Sec.  6.  The  board  of  regents  shall  be  divided  into 
classes,  numbered  one,  two  three  and  four,  as  deter- 
mined by  the  board  at  their  first  meeting;  shall  hold 
their  office  two,  four,  six  and  eight  3^ears  respectively, 
from  the  time  of  their  appointment.  From  and  after 
the  first  of  January,  1883,  two  members  shall  be  ap- 
pointed at  each  session  of  the  legislature  to  supply  the 
vacancies  made  by  the  provisions  of  this  section,  and 
in  the  manner  provided  for  in  the  preceding  sec- 
tion, who  shall  hold  office  for  eight  years  respectively. 

Sec.  7.  The  regents  appointed  pursuant  to  the  fifth 
section  of  this  act,  and  their  successors  in  office,  shall 
have  the  right  of  making  and  using  a  common  seal 
and  altering  the  same  at  pleasure. 

Sec.  8.  The  regents  shall  organize  by  the  election 
of  a  president  of  the  board  of  regents,  from  their  own 
number,  who  shall  hold  his  office  during  the  pleasure 
of  the  board.  They  shall  establish  the  departments  of 
a  first-class  university,  determine  the  officers  and  pro- 
fessorships, appoint  the  professors  (who  shall  constitute 
the  faculty,  with  authority  to  elect  their  own  chairman) 
and  other  officers,  fix  their  respective  salaries,  and  to 
enact  such  by-laws,  rules  and  regulations  as  may  be 
necessary  for  the  successful  management  and  govern- 
ment of  the  University;  provided,  that  the  salaries  and 
expenses  of  the  University  shall  never  exceed  the  in- 
terest on  the  University  fund  and  land  sales  fund,  or 
ever  become  a  charge  on  the  general  revenue  of  the 
State. 

Sec.  9.  The  immediate  government  of  the  several 
departments  shall  be  intrusted  to  their  respective  fac- 
ulties, subject  to  joint  supervision  of  the  whole  faculty, 
but  the  regents  shall  have  power  to  regulate  the  courses 
of  instruction,  and  prescribe,  by  and  with  the  advice  of 


206  THE  UNIVERSITY  OF  TEXAS. 

the  professors,  the  books  and  authorities  used  in  the 
several  departments,  and  to  confer  such  degrees  and  to 
grant  such  diplomas  as  are  usually  conferred  and 
granted  by  universities. 

Sec.  10.  The  regents  shall  have  power  to  remove 
any  professor,  tutor  or  other  officer  connected  with  the 
institution,  when,  in  their  judgment,  the  interest  of 
the  university  shall  require  it. 

Sec.  11.  The  fee  for  admission  to  the  university 
shall  never  exceed  thirty  dollars,  and  it  shall  be  open 
to  all  persons  in  the  State  who  may  wish  to  avail 
themselves  of  its  advantages,  and  to  male  and  female 
on  equal  terms,  without  charge  for  tuition,  under  the 
regulations  prescribed  by  the  regents,  and  all  others 
under  such  regulations  as  the  board  of  regents  may 
prescribe. 

Sec.  12.  The  treasurer  of  the  state  shall  be  the  treas- 
urer of  the  university. 

Sec.  13.  It  shall  be  the  duty  of  the  governor  within 
thirtv  days  after  the  location  of  the  university  shall 
have  been  determined  to  convene  the  board  of  regents 
at  the  city  of  Austin  for  the  following  purposes: 

First— To  effect  the  permanent  organization  of  said 
board. 

Second — To  adopt  such  regulations  as  they  may  deem 
proper  for  their  government. 

Sec.  14.  Meetings  of  the  board  shall  be  called  in 
such  manner  and  at  such  place  as  the  regents  may 
prescribe,  and  a  majority  of  them  so  assembled  shall 
constitute  a  quorum  for  the  transaction  of  business,  and 
a  less  number  may  adjourn  from  time  to  time. 

Sec.  15.  It  shall  be  the  duty  of  the  board  of  regents, 
after  the  organization  of  the  board  of  regents,  to  meet 
at  the  place  chosen  for  the  university  for  the  following 
purposes: 

First — To  establish  the  departments  of  the  univer- 
sity. 

Second — To  define  the  general  plan  of  the  university 
buildings. 

Third — To  advertise  for  plans  and  specifications  of 
the  same. 

Fourth — To  take  such    action   as  may   be  deemed 


THE  UNIVERSITY  OF  TEXAS.  207 

advisable  for  the  creation  of  professorships  and  the  elec- 
tion of  professors. 

Fifth — To  take  such  other  action  as  may  be  deemed 
necessary  for  perfecting  the  organization  of  the  uni- 
versity. 

Sec.  16.  After  the  plan  and  specifications  of  the 
building  shall  have  been  adopted,  it  shall  be  the  duty 
of  the  board  of  regents  to  advertise  for  bids  for  the 
construction  of  the  same,  and  to  proceed  as  soon  as 
practicable  to  the  erection  of  the  same.  The  buildings 
to  be  substantial  and  handsome,  but  not  loaded  with 
useless  and  expensive  ornamentation ;  'provided,  that 
the  cost  of  the  buildings  shall  not  exceed  one  hundred 
and  fifty  thousand  ($150,000)  dollars;  and,  provided 
further,  that  said  building  shall  be  so  constructed  as  to 
admit  of  additions  thereto,  without  marring  the  har- 
mony of  the  architecture. 

Sec.  17  The  regents  are  empowered,  and  it  shall  be 
their  duty  to  purchase  the  necessary  furniture,  library, 
apparatus,  museum  and  other  appliances;  provided, 
that  the  amount  expended  for  said  purposes  shall 
not  exceed  forty  thousand  dollars. 

Sec.  18.  The  regents  shall  have  authority  to  expend 
the  interest  which  has  heretofore  accrued,  and  may 
hereafter  accrue,  on  the  permanent  University  fund, 
for  the  purposes  herein  specified,  and  for  the  main- 
tenance of  the  branches  of  the  University ;  and  the  said 
interest  is  hereby  appropriated  for  this  purpose. 

Sec.  19.  All  expenditure  shall  be  made  by  order  of 
the  board  of  regents,  and  the  same  shall  be  paid  on 
warrants  of  the  comptroller,  based  on  vouchers  ap- 
proved by  the  president  and  countersigned  by  the 
secretary. 

Sec.  20.  No  religious  qualification  shall  be  required 
for  {idmission  to  any  office  or  privilege  in  the  Univer- 
sity; nor  shall  any  course  of  instruction  of  a  sectarian 
character  be  taught  therein. 

Sec.  21.  The  board  of  regents  shall  report  to  the 
board  of  education  annually,  and  to  each  regular  ses- 
sion of  the  Legislature,  the  condition  of  the  Univer- 
sity, setting  forth  the  receipts  and  disbursments,  the 
number  and  salary  of  the  faculty,  the  number  of  stu- 


208  THE  UNIVERSITY  OP  TEXAS. 

dents,  classified  in  grades  and  departments,  the  expenses 
of  each  year,  itemized,  and  the  proceedings  of  tlie  board 
and  faculty  fully  stated. 

Sec.  22.  There  shall  be  appointed  by  the  Legislature, 
at  each  regular  session,  a  board  of  visitors,  who  shall 
attend  the  annual  examinations  of  the  University  and 
its  branches,  and  report  to  the  Legislature  thereon. 

Sec.  23.  The  reasonable  expenses  incurred  by  the 
board  of  regency  and  visitation,  in  the  discbarge  of 
their  duties,  shall  be  paid  from  the  available  university 
fund. 

Sec.  24.  That  all  laws  and  parts  of  laws  in  conflict 
with  this  act  be  and  the  same  are  hereby  repealed. 

Approved  March  30,  A.  D.  18«L 

Takes  effect  ninety  days  after  adjournment. 

ACTION    OF    THE    LEGISLATURE    OF    1882. 

In  April,  1882,  Gov.  Roberts  assembled  the  Seven- 
teenth Legislature  in  extra  session  for  various  and 
special  purposes  of  legislation,  among  them,  "To  take 
such  action  as  may  be  necessary  in  regard  to  the  Uni- 
versity of  Texas  and  its  branches;  in  everything  relat- 
ing to  their  government,  to  the  relations  between  them, 
to  the  increase  and  disposition  of  their  funds;  and 
to  take  such  further  action  as  may  be  deemed  necessary 
and  proper  in  any  and  every  respect  for  the  support 
and  maintenance  of  the  Prairie  View  Normal  School 
and  for  the  discharge  of  its  debts  and  liabilities." 

The  only  changes  in  the  membership  of  the  Senate 
since  the  regular  session  in  1881  were  W.  0.  Davis,  in 
the  eleventh  district,  in  place  of  J.  M.  Martin,  deceased; 
J.  G.  McDonald,  in  the  sixteenth  district,  in  place  of 
J.  T.  Buchanan,  deceased;  L.  H.  Brown,  in  the  twenty- 
eighth  district,  in  place  of  E.  K.  Lane,  resigned ;  and  C. 
A.  McLane,  in  the  twenty-ninth  district,  in  place  of  S. 
Powers,  deceased. 

April  7,  Gov.  Robert's  message  was  read  in  which, 
among  other  subjects,  he  alludes  at  length  to  the  Uni- 
versity, the  A.  and  M.  College,  and  the  "Prairie  View 
Agricultural  College."  In  that  message  Gov.  Roberts 
seemed  to  argue  that  the  Prairie  View  school,  if  not 
in  fact,  was  intended  to  be  a  branch  of  the  University. 


THE  UNIVERSITY  OP  TEXAS.  209 

He  says:  "It  was  provided  that  the  University  of 
Texas  should  include  an  agricultural  and  mechanical 
department,  but  inasmuch  as  an  agricultural  and  me- 
chanical college  had  then  (1875)  ah^eady  been  estab- 
lished in  Brazos  county,  it  was  made  a  branch  of  the 
University  of  Texas,  and  to  remedy  the  difficulty  of 
afterwards  appropriating  general  revenue  directly  to 
complete  the  buildings  and  furnish  the  necessary  fur- 
niture, the  Legislature  was  required  at  its  next  ses- 
sion, to  appropriate  for  those  purposes  an  amount  not 
exceeding  $40,000  which  was  done,  and  the  appropria- 
tion was  made  and  paid  out  of  the  general  revenue  of 
the  iState.  The  Legislature  was  also  required,  when 
deemed  practicable,  to  establish  and  provide  for  the 
maintenance  of  a  college  or  branch  university,  for  the 
instruction  of  the  colored  youths  of  the  iState,  to  be 
located  by  a  vote  of  the  people,  provided  no  tax  shall 
be  levied,  and  no  money  appropriated  out  of  the  gen- 
eral revenue,  either  for  this  purpose,  or  for  the  estab- 
lishment and  erection  of  the  buildings  of  the  Univer- 
sity of  Texas." 

The  governor  follows  up  the  assumption  that  the 
proposed  school  for  colored  youths  was  to  be  a  branch 
of  the  University  by  adding  "That  the  institution  when 
established,  as  well  as  the  Agricultural  and  Mechanical 
College,  was  intended  to  be  a  branch  of  the  University 
of  Texas,  is  manifested  by  the  next  and  last  section 
under  the  head  of  'University'  in  the  Constitution 
which  sets  apart  'for  the  endowment,  maintenance  and 
support  of  said  University  and  its  branches,  1,000,000 
acres  of  land.'" 

To  this  it  may  be  answered,  that  if  the  school  was 
necessarily  intended  to  be  a  branch  of  the  University 
the  Constitution  should  have  said  "college  or  university 
branch,"  meaning  college  branch,  or  university  branch, 
instead  of  using  the  alternative  expression,  "college,  or 
branch  university,"  which  properly  construed  means 
either  a  college,  that  may  not  be  a  branch,  or  a  univer- 
sity for  the  colored  youths  that  would  be  a  branch  of 
the  main  university.  It  is  most  likely  that  what  was 
intended,  was  a  college  with  a  separate  board  of  control 

14— T. 


210  THE  UNIVERSITY  OF  TEXAS. 

and  to  be  designated  a  college,  like  the  A.  and  M.  Col- 
lege, or  a  Universit}^  for  colored  youths  to  be  known  as 
a  branch  of  the  main  university ,  whichever  might  be 
deemed  most  desirable. 

Alluding  to  the  clause  in  the  Constitution  of  1876, 
taking  the  alternate  sections,  wihch  had  been  given  to 
the  University  and  converting  them  to  the  free  school 
fund,  the  Governor  says:  "Had  this  not  been  done  the 
University  would  have  had  a  most  magnificent  endow- 
ment of  valuable  lands,  amounting  at  the  time  it  was 
done,  in  1876,  to  about  1,700,000  acres,  and  by  the  in- 
crease up  to  the  present  time  of  over  three  million  acres;" 
and  adds,  "As  a  compensation  for  this,  it  may  be  in- 
ferred, the  Convention  set  apart  for  the  University, one 
million  acres  of  land,  which  were  not  located  and  sur- 
veyed until  four  years  afterwards;  and  being  located 
in  extreme  western  counties,  are  not  proportionately 
near  as  valuable  as  an  equal  amount  of  lands  selected 
in  the  mode  provided  b}^  the  act  of  1858." 

Considering  the  great  discrepancy  in  what  the  Con- 
vention substituted  for  what  was  taken  away  from  the 
University,  it  is  amusing  to  find  the  Governor  adding 
that  "in  this  instance,  it  may  be,  the  members  of  the 
Convention  intended  to  get  rid  of  a  troublesome  matter 
in  the  selection  of  the  lands  out  of  those  that  had 
been  surveyed  and  were  to  be  surveyed,  rather  than  to 
inflict  any  detriment  upon  the  University."  But  such 
was  the  history;  and  such  history  as  repeated  itself 
when  some  years  later,  the  Legislature,  to  get  rid  of 
another  troublesome  university  matter,  declared  a  loan 
of  $125,000  to  the  University  to  be  in  tuU  payment 
and  satisfaction  of  all  claims  for  universit}^  funds  used 
by  the  State,"  which,  with  interest,  amounted  to  over 
$400,000!  It  was  a  remarkable  discount  of  the  State's 
obligation  in  either  instance. 

In  his  same  message  Governor  Roberts  made  the 
recommendation  that  "by  adding  2,000,000  acres  of 
land  to  the  1,000,000  acres  heretofore  set  apart  for  the 
Universit}^,  and  making  proper  arrangements  for  its 
disposition,  a  permanent  fund  might  be  accumulated 
that  would  ultimately  be  adequate  to  meet  the  expense 
of  establishing   and   maintaining  a   first  class  Univer- 


THE  UNIVERSITY  OF  TEXAS.  211 

sity."  The  Governor  also  recommended  validating 
the  bonds  for  about  $134,000  issued  to  the  University 
in  lb67,  and  known  as  bonds  of  doubtful  validity." 

The  action  of  the  Legislature  following  these  and 
other  recommendations  of  Governor  Roberts  as  to  the 
University  is  indicated  in  the  following  references  from 
the  journals: 

April  7.  Senator  Stubbs  introduced  a  bill  entitled 
Senate  bill  6,  "An  act  to  adjust  the  State's  indebtedness 
to  the  University  fund,  and  to  make  an  appropriation 
therefor."     Referred  to  Committee  on  Finance. 

April  8.  Senator  Wynne  introduced  a  bill  entitled 
'•An  act  to  amend  section  18  of  an  act  to  establish  the 
University  of  Texas."  (Relating  to  use  of  available 
University  fund.)  Referred  to  Committee  on  Educa- 
tion. 

April  10.  Senator  Stubbs  introduced  a  bill  (Senate 
bill  20)  entitled  "An  act  appropriating  and  setting 
apart  2,000,000  acres  of  land  out  of  the  unappropriated 
public  domain,  or  out  of  any  of  the  public  reserves 
made  by  the  act  of  July  14,  1879,  for  the  benefit  of  the 
University  fund,  and  to  provide  for  the  surve}^  loca- 
tion and  sale  of  the  same."  Referred  to  Committee 
on  Education. 

April  11.  Senate  bill  6.  To  adjust  the  State's  in- 
debtedness Avas  reported  by  substitute  by  Senator  Ross, 
chairman  of  Committee  on  Finance. 

Senator  Davis,  for  minority  of  the  committee,  pre- 
sented a  dissenting  report,  agreeing  that  the  claim  was 
a  just  and  legal  debt  against  the  State,  but  objecting 
that  the  substitute  made  no  provision  for  payment  of 
the  principal  of  the  bonds.  The  report  adds:  "We 
suggest  that  as  the  bonds  have  been  long  due,  and  there 
is  sufficient  money  in  the  treasury  to  liquidate  them,  it 
is  the  duty  of  the  Legislature  to  provide  for  the  im- 
mediate payment  of  the  principal  and  interest  of  the 
bonds,  and  not  to  continue  to  hoard  money  in  the 
treasury,  which  yields  no  interest,  and  at  the  same  time 
continues  to  pay  interest  on  a  past  due  debt  which  we 
have  the  means  to  pay  off  at  once." 

The  bill  was  read  first  time  with   majority  and  mi- 


212  THE  UNIVERSITY  OF  TEXAS. 

nority  reports.  It  refers  to  the  bonds  which  had  beeri; 
known  as  ''bonds  of  doubtful  validity." 

Senator  Swain  introduced  a  bill,  ;^enate  bill  22,  en- 
titled "An  act  to  set  aside  and  appropriate  three  million 
acres  of  the  public  lands  of  Texas  for  the  benefit  ol  the 
State  University.  Referred  to  Committee  on  Educa«- 
tion. 

April  13,  Senate  bills  20  and  22  were  reported  by 
substitute  by  Buchanan,  chairman  of  Committee  on 
Education. 

Senator  Davis  introduced  a  bill,  Senate  bill  No.  28, 
to  repeal  the  "act  providing  for  sale  of  a  portion  of  the 
unappropriated  public  lands  of  the  State  of  Texas  and 
the  investment  of  the  proceeds  of  such  sale." 

Senator  Koss  oiFered  the  following  amendment : 
"Strike  out  all  in  the  bill  appropriating  any  of  the 
proceeds  of  the  sale  of  the  land  to  the  University  fund 
or  diverting  the  same  from  the  payment  of  the  public 
debt." 

Senator  Harris  offered  a  substitute  for  the  bill  and 
amendment. 

April  14,  Senate  bill  6,  as  to  the  State's  indebtedness 
to  the  University,  was  read  with  substitute.  The  bill 
was  tabled,  and,  on  motion  of  Senator  Ross,  the  substi- 
tute was  adopted. 

Senator  Davis  offered  the  following  amendment: 
"And  the  further  sum  of  $134,472.26  is  hereby  appro- 
priated out  of  the  general  revenue  to  be  applied  to  the 
payment  of  the  principal  of  said  lands  and  transferred 
to  the  University  fund." 

Senator  Harris  offered  amendment  to  pay  $134,472.26 
out  of  the  general  revenue  to  the  University  fund,  to  be 
invested  by  the  Governor  and  Treasurer  in  bonds  of  the 
State  of  Texas  or  United  States  bonds,  and  to  form  part 
of  the  permanent  fund  of  the  University,  and  the 
interest  to  form  a  part  of  the  available  fund  of  the 
University. 

The  substitute  was  accepted. 

On  motion  of  Senator  Terrell,*  the  rules  were  sus- 
pended to  place  the  bill  on  its  third  reading,  by  a  vote 
of  24  yeas  to  3  nays,  the  latter  being  Senators  Davis, 
Duncan    and    Davenport.      The   bill   passed    by   the 


THE  UNIVERSITY  OF  TEXAS.  213 

following  vote:  Yeas,  21 — Brown,  Buchanan,  Gooch, 
Harris,  Henderson,  High  tower,  Homan,  Lair,  Lightfoot, 
McLane,  McDonald,  Moore,  Patton,  Ramey,  Ross, 
Stubbs,  Swain,  Terrell/rilson,Wethered,  Wynne.  Nays, 
7 — Burges,  Burton,  Davenport,  Davis,  Duncan,  Martin, 
Shannon. 

April  15,  the  President  laid  before  the  Senate  the 
substitute  for  Senate  bills  20  and  22,  ''An  act  to  set 
apart  and  appropriate  2,000,000  acres  of  land  for  the 
benefit  of  the  University  of  Texas,  out  of  the  reserva- 
tions made  by  the  act  of  July  14,  1879,  and  to  provide 
for  the  survey,  location  and  sale  of  the  same,"  being 
the  special  order  of  the  hour. 

Senator  Terrell  moved  to  suspend  temporarily  the 
special  order  to  take  up  Senate  bill  2*^,  to  repeal  the  act 
providing  for  sale  of  a  portion  of  the  unappropriated 
public  lands  of  the  State.  Senator  Duncan  offered  an 
amendment  substantially  the  same  as  offered  by  Senator 
Ross,  and  it  was  adopted.  The  Harris  substitute  was 
lost,  and  the  bill  passed  by  a  vote  of  24  yeas  and  2 
nays— Davis  and  Harris. 

The  committee  reported  Senate  bill  6  as  properly 
engrossed. 

Substitute  for  Senate  bills  20  and  22  was  resumed  as 
the  special  order,  and  Senator  Duncan  offered  a  substi- 
tute setting  apart  and  appropriating  1,000,000  acres  for 
the  benefit  of  the  University  and  the  public  free  schools, 
and  to  repeal  the  "act  providing  for  the  sale  of  a  por- 
tion of  the  unappropriated  public  domain  and  invest- 
m.ent  of  the  proceeds  of  such  sale."  Several  amend- 
ments were  offered,  and  Senator  Swain  offered  a  sub- 
stitute for  the  bill  and  amendments.  Ruled  out  of 
order. 

The  Duncan  substitue  was  lost  and  the  bill  was  or- 
dered engrossed  by  the  following  vote:  Yeas  19 — 
Brown,  Buchanan,  Gooch,  Henderson,  High  tower, 
Homan,  Houston,  Lightfoot,  McLane,  McDonald 
Moore,  Patton,  Raijaey,  Stewart,  Stubbs,  Terrell,  Wil- 
son, Wethered,  Wynne.  Nays  9— Burges,  Burton, 
Davenport,  Davis,  Duncan, Harris,  Martin,  Ross, Swain. 

April  19.    The   bill   which  proposed  to  appropriate 


214  THE  UNIVERSITY  OP  TEXAS. 

two  million  acres  of  land  to  the  University  \/as  report- 
ed duly  engrossed. 

April  20.  The  bill  being  again  under  consideration 
Senator  Duncan  offered  amendmentas  follows:  "Amend 
by  striking  out  two  million  acres  for  the  University 
and  insert  one  million  acres  for  the  University  and  the 
public  free  schools  in  equal  proportions;  the  portion 
for  the  schools  to  be  surveyed  in  alternate  sections 
with  the  University  sections;  the  expense  of  the  sur- 
vey to  be  paid  out  of  the  public  free  school  and  Uni- 
versity fund  in  equal  portions." 

Senator  Swain  offered  a  substitute.  Ruled  out  of 
order,  pending  the  previous  question  and  the  main 
question  was  ordered.  The  Duncan  amendment  was 
lost,  and  the  bill  passed  by  the  following  vote:  Yeas 
18 — Brown,  Buchanan,  Burges,  Gooch,  Henderson, 
Hightower,  Lightfoot,  McLane,  McDonald,  Moore,  Pat- 
ton,  Ramey,  Stewart,  Stubbs,  Terrell, Tilson,  Wethered, 
Wynne.  Nays  10 — Burton,  Davenport,  Duncan,  Har- 
ris, Houston,  Lair,  Martin,  Ross,  Shannon,  Swain. 

April  20.  A  message  from  the  House  gave  notice 
of  the  passage  by  that  body  of  Hoiise  joint  resolu- 
tion x\o.  2,  providing  for  holding  an  election  for  the 
location  of  a  branch  of  the  University  for  colored 
youths.  The  Senate  adopted  the  resolution,  adding 
the  emergency  clause  by  a  vote  of  yeas  27,  nays  none. 
The  House  concurred  in  the  amendment,  and  the  reso- 
tion  was  finally  passed  by  both  houses. 

Senator  Brown  introduced  "An  act  providing  for  the 
lease  of  the  University  lands."  Referred  to  Committee 
on  Education ;  reported  favorably  by  the  committee 
and  passed  by  a  vote  of  23  yeas  to  2  nays — Davis  and 
Duncan. 

In  the  House,  April  10,  1882.  There  being  under 
consideration  a  bill  offered  as  a  substitue  by  Mr.  Find- 
lay  to  "repeal  all  laws  granting  lands  to  any  person^ 
firm  or  cor[)oration  or  company  for  the  construction 
of  railroads,  canals  and  ditches,  -Mr.  Todd  offered 
amendment  adding  after  the  words  "canals  and  ditches" 
in  section  1,  the  words,  "or  for  any  other  purpose  ex- 
cept to  build  our  State  capitol,  or  to  build  and  carry 


THE  UNIVERSITY  OF  TEXA8.  215 

on  our  University  and  its  branches."    Ruled  out  of  or- 
der as  not  germane  to  the  bill. 

A  lengthy  report  from  Comptroller  Brown  was  pre- 
sented to  the  Legislature,  showing  all  the  moneys 
which  had  been  appropriated  or  otherwise  taken  from 
the  University  fun^,  and  specifying  the  objects  to 
which  the  money  so  taken  had  been  applied.  Follow- 
ing is  the  communication : 

Office  of   Comptroller,  Austin,  April  8,  1882. 
Hon.  Geo.  R.  Reeves,  Speaker  of  House  of  Representatives: 

SiR^ — I  have  the  honor  to  acknowledge  the  receipt  of 
the  following  resolution  adopted  by  the  honorable 
House  of  Representatives  on  April  6,  1^82: 

Resolved,  That  the  Hon.  W.  M.  Brown,  Comptroller 
be,  and  he  is  hereby  requested  to  make  to  this  body  as 
early  as  practicable,  a  report  showing  all  the  monies 
which  have  been  appropriated  or  otherwise  taken  from 
the  University  fund,  and  specifying  the  objects  to  w^hich 
the  money  so  taken  from  said  fund  has  been  applied.'* 

In  response  to  said  resolution  the  following  informa-- 
tion  is  furnished: 

The  University  fund  has  been  changed  in  character, 
and  disposed  of  in  six  modes. 

1  — By  being  transferred  to  State  revenue  and 

State  bonds  issued  therefor  $134,472  3f') 

2  — By  beia'2;  transferred  to  State  revenue  and 

no  bonds   issued   therefor,  and   no  return 

thereof  made  to  the  University  fund....     11,280  02 

.'). — ^^Iride  invalid  by  ordinance  of  the  Conven- 
tion of  ISGG 12,230  39 

4. — Replaced  by  certificate  of  debt  from  Comp- 
troller       10,300  41 

5. — By  payments  made  under  particular  laws 
directing  disbursements  therefrom  with- 
out specific  appropriation 12,621  30 

6. — By  payments  under  appropriations 41,636  45 

The  dispo-ition  of  the  funds  by  "appropriation  or 
otherwise"  according  to  the  above  modes,  in  detail  in 
the  order  of  the  date  of  the  disposition  thereof,  as  far 
as  practicable  to  present,  was  as  follows: 

By  authority  of  an  act  approved  January  31,  1860, 
there  was  transferred  from  the  University  fund  to  State 
revenue  account,  as  follows: 


^16  THE  UNIVERSITY  OF  TEXAS. 

In  5  per  cent  United  States   bonds $100,000  00 

In  interest  on  same 0,473  26 

Total : $109,472  26 

This  transfer  was  made  on  the  books  of  the  Comp- 
troller on  Februrary  29,  IcSGO. 

By  authority  of  acts  approved  January  29  and  Feb- 
ruary 8,  18ii],  there  was  an  additional  transfer  from  the 
Universitj''  fund  to  the  general  fund,  viz. 

Act  of  January  29,  1861 $  9,768  62 

Act  of   February  8,  1861 25,000  00 

Total S34,768  62 

This  transfer  was   made  February  28,  1861. 

On  January  9,  lfe62,  another  act  was  approved  by 
which  an  additional  transfer  was  made  to  the  general 
fund  from  the  University  fund,  amounting  to  $1520.40, 
making  total  transfers  from  the  University  fund  to 
State  revenue  account,  as  follows: 

Under  act  of  January  31,  i860 .$109,472  26 

Under  act  of  January  29.  1861 9,768  62 

Under  act  of  February  8,  1861 25,000  00 

Under  act  of  January  9,  1862 1,520  40 

Total  transfers $145,761  28 

The  last  transfer,  viz.,  under  act  of  January  9,  1862, 
consumed  the  entire  University  fund  except. 

Specie 57 

Confederate  notes $3,952  74 

Warrants 4,638  97 

Ten  per  cent  interest  warrants 12,055  80 

Subsequent  to  that  date,  and  up  to  June,  1865,  there 
were  further  receipts  to  the  University  fund  in  warrants 
$5661.44.  and  in  interest  bearing  warrants  $*  74.69, 
making  total  receipts  in  warrants  $10,3U0.4l,  and  in 
interest  bearing  warrants  |1 2,230. 39. 

It  appears  that  by  an  oversight  the  57  cents  in  specie 
was  dropped  from  the  account.  On  June  8,  1865,  the 
warrants  ($10,300.41)  were  canceled  and  a  certificate  of 
indebtedness  issued  to  the  University  fund  by  W.  L. 
Robards,  then  comptroller. 

The   books  of  this   department   show  that   on    the 


THE  UNIVERSITY  OP  TEXAS.  217 

thirty-first  day  of  July,  1867,  under  the  third  section 
of  an  ordinance  of  the  convention,  the  above  interest 
bearing  warrants  ($12,230.39)  were  dropped  from  the 
books. 

These  warrants  were  paid  into  the  University  fund 
from  1859  to  1863,  inclusive,  received  for  sale  of  lands. 

There  was  thus  left  to  the  credit  of  the  University 
fund  only  $10,300.41,  represented  by  the  comptroller's 
certificate  of  indebtedness.  This  amount  is  still  to  the 
credit  of  that  account,  as  will  be  seen  by  reference  to 
reports  from  this  office. 

The  several  acts  referred  to,  appropriating  the  Univer- 
sity fund  to  general  purposes,  provided  that  the  amount 
appropriated  sliould  be  returned  to  that  account.  The 
books  of  this  depart»nent  show  that  on  August  1,  1867, 
under  an  act  approved  November  12,  1866,  there  was 
issued  and  placed  to  the  credit  of  the  University  fund 
in  five  per  cent  State  bonds,  1 134,472.26. 

From  the  foregoing  it  appears  that  the  amounts  bor- 
rowed from  the  University  fund  by  act  of  January  31, 
1860.  $109,472.26,  and  the  further  amount  borrowed  by 
act  of  February  31.  1861,  $25,000,  amounting  to  $134,- 
472  26,  have  been  returned  to  that  fund  in  the  form  of 
five  per  cent  ^tate  bonds,  issued  under  act  of  November 
12,  1866. 

The  other  amounts  borrowed,  viz:  by  act  of  January 
29,  1861,  $9,768.62,  and  by  act  of  January  9,  1862, 
$l,5-i0.40,  aggregating  $11,289.02,  have  not  been  re- 
turned to  the  University  fund.  It  is  possible,  however, 
that  the  omission  is  due  to  the  provisions  of  ordinance 
No.  2  of  the  constitutional  convention  of  1866,  prohib- 
iting the  assumption  or  payment  of  any  portion  of  the 
debt  incurred  from  January  28,  1861,  to  August  5,  1865. 

The  foregoing  matter  was  included  in  a  report  to  his 
excellency  the  Governor,  for  the  information  of  the 
Board  of  Regents  of  the  University  of  Texas,  made  on 
November  14,  1881. 

The  following  show  disbursements  made  under 
particular  laws  directing  payments  without  appropria- 
tions, and  disbursements  made  in  accordance  with  ap- 
propriations. 


Sl8  THE   QNIVERSITY   OF  TEXAS. 

Expenditures  against  an  appropriation  of  $2,500 
to  defray  the  exr^enses  of  the  fulministrah'on 
in  loratingr  the  University  of  Texas,  asunder 
joint  resohition  approved  November  13,  1866. 
(See  Genera  1  Laws,  page  272) $4!t6  00 

Amonnts  pa-d  for  snrveyins:  University  lands  un 
der  section   3.  act  of  April  8,  1874,   page  73, 
Genpral  Laws,  1874 2,310  48 

Amounts  paid  for  valuing-  University  lands  un- 
der section  8,  act  of  April  8,  1874,  page  74, 
General  Laws  of  1874 1,494  00 

Commissions  paid  on  Universit}^  lands  purchased 
bv  the  State  under  section  6,  act  of  March  4, 
1875,  page  62.  General  Laws  of  1875._ 1,000  00 

Amounts  paid  for  surveying  the  University  lands 
of  Texas,  in  accordance  with  title  81,  chapter 
1,  articles  4025  to  4030,  Revised  Statutes 6,640  02 

Expenf'itures  against  the  appropriation  of  $500, 
under  joint  resolution  approved  February  19, 
1879.     (See  General  Laws  of  1879,  page  187.)  30  00 

Amounts  drawn  against  the  appropriation  of 
$7500  each,  ($15,000)  for  the  years  ending  Feb- 
ruary 29,  1880,  and  February  28,  1881,  act  of 
July  9,  1879,  folio  45.  General  Laws,  special 
session,  1879,  for  cabinet,  library  and  agricul- 
tural implements,  Agricultural  and  Mechani- 
cal College 15,000  00 

Amounts  expended  for  one  additional  bookkeeper 
at  Treasury  Department  for  years  ending 
February  29.  1880,  and  February  28,  1881.  un- 
der "Act  for  the  support  of  the  State  govern- 
ment,"  approved    April   23,    1879,    page    154. 

General  Laws,  1879 1,350  00 

Also  am!>unt  appiopriated  by  act  of  April  1,  1881, 
for  two  additional  bookkeepers,  Treasury  De- 
partment, for  two  years  ending  February  28, 
1^82  and  1883.  (See  General  Laws  1881,  page 
85) l.<325  00 

This   was   a   part   of  the   appropriation    chargeable 
against  the  University  and  school  funds  jointly. 

Amounts  paid  against  the  appropriation  of  $6000 
lor  the  support  of  Prairie  View  Normal  School, 
act  of  April  19,  1879,  pages  181  and  182,  Gen- 
eral Laws  of  1879,  and  additional  appropria- 
tion of  $1600,  act  Jidy  9,  1879,  page  45,  spe- 
cial session    $7,541   87 

Amount  paid  against  the  appropriation  of  $6,0U0 
for  the  support  of  Prairie  View  Normal 
School  for  second  session,  under  act  approved 
April    19,   1879,  page  181 5,686  23 


THE  UNIVERSITY  OP  TEXAS.  219 

Amount  paid  against  appropriation  of  86.000  for 
the  support  of  Prairie  View  Normal  School 
for  the  year  ending  August  -31,  18S3,  under 
act  of  April  1,  1881,  page  91 1.462  68' 

Amount  expanded  under  act  of  March  30,   1881, 

pages  77  to  8y,  General  Laws  of   1881 1, 176  SO 

Amount  drawn  ag;iinstthe appropriation  of  $3,500 
under  act  approved  March  30.  1881.  (See  Gen- 
eral   Laws,   1881,  pages  76   and    77 1.500  00 

Amc^Jnt  paid  directors  of  the  Agricultural  and 
Mechanical  College  out  of  the  University 
fund,  under  act  approved  March  30. 1881.  (See 
General  Laws  of   1881,  page  76,  article  3689.)         210  45 

Amount    drawn    against    the    appropriation    of 

$7,500,  underact  of  April  1,  1881,  page  91 6,944  67 

Respectfully, 

W.  M.  Brown,  Comptroller. 

April  12,  1882,  Mr.  Todd  introduced  a  bill  entitled 
"An  act  appropriating  and  setting  apart  2,500,000  acres 
of  land  out  of  the  unappropriated  public  domain,  or 
out  of  any  of  the  reserves  made  by  the  act  of  July  14, 
1879,  for  the  benefit  of  the  University  fund,  and  to 
provide  for  the  location,  survey  and  sale  of  the  same." 
Read  first  time  and  referred  to  Committee  on  Public 
Lands  and  Land  Office. 

April  17,  a  message  from  the  Senate  informed  the 
House  that  the  Senate  had  by  a  two-thirds  vote  passed 
substitute  Senate  bill  r<,  "An  act  to  adjust  the  State's 
indebtedness  to  the  University  fund  and  make  appropri- 
ations therefor."     Referred  to  Cjommittee   on  Finance. 

April  18,  Mr.  JNlack,  by  leave,  introduced  a  joint 
resolution  providing  for  an  election  to  be  held  for  the 
location  of  a  branch  of  the  University  for  the  instruc- 
tion of  the  colored  youth  of  the  State.  Read  first 
time  and  referred  to  Committee  on  Educational  Affairs. 

April  21,  sub.stitute  Senate  bill  Nos.  20  and  22,  "An 
act  to  set  apart  and  appropriate  2,000,000  acres  of  land 
for  the  benefit  of  the  University  of  Texas  out  of  the 
reservation  made  by  the  act  of  July  14,  1879,  and  to 
provide  for  the  survey,  location  and  sale  of  the  same,'' 
was  read  first  time  and  referred  to  Committee  on  Public 
Lands  and  Land  Office. 

Mr.  Beck  introduced  a  bill  to  be  entitled  "An  act  to 
amend  'an  act  to  establish  an  Agricultural  and  Mechan- 
ical College  of  Texas  for  the  colored    youths,  and    to- 


220  THE  UNIVERSITY  OF  TEXAS. 

make  an  approriation  therefor,'  approved  August  14, 
1879."  Head  first  time  and  referred  to  (Jommittee  on 
Educational  AflPairs. 

Committee  Room,  Austin,  April  22,  1882, 
Hon.  Geo.  R.  Reeves,  Speaker  of  the  House  of  Represent- 
atives : 

Your  Committee  on  Education,  to  whom  was  referred 
joint  resolution  No.  2,  requiring  an  election  to  be  hjeld 
on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber, 1882,  for  the  location  of  a  branch  of  the  State 
University  for  the  instruction  of  colored  youth,  have 
had  the  same  under  consideration,  and  instruct  me  to 
report  the  same  back  with  the  recommendation  that  it 
do  pass. 

Todd,  Chairman. 

Committee  Room,  Austin,  April  22,  1882. 

Hon.  Geo.  R.  Reeeves,  Speaker  of  the  House  of  Represent- 
atives : 

Your  Committee  on  Public  Land  and  Land  Office,  to 
whom  was  referred  House  bill  No.  55,  entitled  "An 
act  appropriating  and  setting  apart  two  and  one-half 
millions  acres  of  land  out  of  the  unappropriated  public 
domain,  or  out  of  the  reserves  made  b}^  the  act  of  Juh^ 
14,  1879,  for  the  benefit  of  the  University  fund,  and  to 
provide  for  the  location,  survey  and  sale  of  the  same," 
have  had  the  same  under  consideration,  and  instruct 
me  to  report  the  same  back  with  the  recommendation 
that  it  do  not  pass,  because  it  is,  in  the  opinion  of  your 
committee,  in  contravention  of  the  requirements  of  the 
Constitution  in  regard  to  the  disposition  of  the  public 
lands  of  the  State.  * 

Matlock,  Chairmim. 

Mr.  Woods,  by  leave,  introduced  a  bill  to  be  entitled 
"An  act  to  set  apart  and  appropriate  a  portion  of  the 
public  lands  of  the  State  of  Texas  out  of  the  reservation 
of  July  14,  1^79,  for  the  benefit  of  the  University  and 
Prairie  View  colored  school,  and  to  provide  for  the 
location  and  survey  thereof,  and  to  open  the  remainder 
of  said  reservation  for  the  location  of  land  certificates." 
Read  first  time  and  referred  to  Committee  on  Public 
Lands  and  Land  Office. 


THE  UNIVERSITY  OF  TEXAS.  32I 

Mr.  Moursund,  for  the  Committee  on  Public  Lands 
and  Land  Office,  submitted  the  following  report: 

(.'omraittee  Koom,  Austin,  April  25,  1882. 

Hon.   Geo.  R.  Reeves,  Speaker  of  the  House  of  Represent- 
atives : 

Your  Committee  on  Public  Lands  and  Land  Office, 
to  whom  was  referred  House  bill  No.  91,  entitled  "An 
act' to  repeal  an  act  to  provide  for  the  sale  of  a  portion 
of  the  unappropriated  public  lands  of  the  State  of 
Texas  and  the  investment  of  the  proceeds  thereof,  ap- 
proved July  14,  i879,  and  an  act  amendatory  thereof, 
approved  March  11,  18<S1,"  have  had  the  same  under 
consideration,  and  majority  of  your  committee  instruct 
me  to  report  the  same  back  w^ith  the  recommendation 
that  it  do  not  pass,  deeming  it  inexpedient  now  to  re- 
peal the  act  of  July  14,  1879,  and  amendments  thereto, 
and  peimit  location  of  land  certificates  on  the  public 
domain  thereby  reserved. 

Moursund,  for  majority. 

Mr.  Matlock,  for  a  minority  of  the  Committee  on 
Public  Lands  and  Land  Office,  submitted  the  following 
report : 

Committee  Room,  Austin,  April  25,  I8»2. 

Hon.  Geo.  R.  Reeves,  Speaker  of  the  House  of  Represent- 
atives : 

Sir — A  minority  of  your  Committee  on  Public  Lands 
and  Land  Office,  to  whom  v/as  referred  House  bill  No. 
91,  an  act  to  be  entitled  "An  act  to  repeal  an  act  to  pro- 
vide for  the  sale  of  a  portion  of  the  unappropriated  public 
lands  of  the  State  of  Texas,  and  the  investment  of  the 
proceeds  of  such  sale,  approved  July  J  4,  1879,  and  the 
act  amendatory  thereto,  approved  March  11,  1881," 
dissent  from  the  majority  report,  and  beg  leave  to  sub- 
mit the  following  minority  report: 

The  object  of  the  bill  was  to  open  the  Texas  Pacific 
and  Panhandle  reservation  for  the  location  of  all  gen- 
uine land  certificates,  consisting  of  railroad,  Confeder- 
ate and  veteran  land  scrip,  and  to  apply  the  remainder 
of  such  land  reservation,  after  satisfying  all  genuine 
certificates,   one-half  for  the  public  school  fund,    and 


222  THE  UNIVERSITY  OF  TEXAS. 

the  remainder  to  the  payment  of  the  bonded  debt  owed 
by  the  State  to  the  University  fund  and  common  school 
fund,  amounting,  in  the  aggregate,  to  about  the  sum  of 
$1,000,000,  principal  and  interest.  The  report  of  the 
Commissioner  of  the  General  Land  Office  shows  that 
there  is  now  certificates  to  the  amount  of  6,^87,320 
acres  for  which  there  are  no  land  outside  of  the  reser- 
vation. Within  the  reservation,  he  says,  there  remains 
8,403,6"^0  acres  upon  which  the  certificates  could  be 
located.  The  same  report  says:  "Comparing  these 
figures  with  the  unlocated  lands  in  the  Texas  and 
Pacific  and  Panhandle  reservation,  viz:  8,403,680 acres, 
we  find  that,  should  the  Legislature  deem  it  best  to  re- 
peal the  act  reserving  these  lands,  there  would  be  a 
sufficient  amount  to  satisfy  all  existing  liabilities  and 
leave  about  1,516,360  acres  for  future  disposition"— a 
sufficient  amount  to  pay  off"  the  bonded  indebtedness 
referred  to  in  the  bill.  The  question  is,  shall  we  now 
honor  these  claims  with  land,  or  leave  it  for  future 
Legislatures  to  pay  them  in  money.  Whether  or  not 
the  State  is  legally  and  equitably  responsible  to  the 
holders  of  those  certificates  for  their  value,  provided 
she  has  public  domain,  and  refuses  to  allow  them  to  be 
located  on  it,  is  a  question  about  which  there  seems  to 
be  an  honest  difference  of  opinion.  To  our  minds  it  is 
clear  that  if  not  paid  now  they  will  iiave  to  be  honored 
in  the  future.  The  right  to  the  State  to  reserve  lands 
from  location  only  exists  when  she  leaves  sufficient 
outside  of  her  reserve  to  satisfy  all  of  her  outstanding 
certificates,  and  when  she  has  issued  more  certificates 
than  she  has  lands  outside  of  her  reserve,  then  she  be- 
comes honor  bound,  and  equity  demands  that  she  open 
sufficient  of  her  reserves  to  satisf}^  them,  'f  he  Govern- 
or, in  his  message  to  this  house,  seems  to  recognize  the 
liability  of  the  State  when  he  uses  this  language : 

"If  the  grounds  of  an  equitable  claim  upon  the 
State  is  left  behind  to  linger  and  yet  shrink  by  oblivion 
of  the  facts  now  well  known,  the  larger  the  future 
claims  for  compensation,  the  more  dangerous  to  the 
interest  of  the  State  it  will  be.  Texas  has  had  a  sore 
experience  in  claims  of  this  sort  in  the  instance  of 
Peti^rs'  and    Mercer's    colony  contracts,  as    well    as  of 


THE  UNIVERSITY  OF  TEXAS.  223 

Others,  of  which  it  is  not  entirely. clear  after  the  lapse 
of  nearly  forty  years.  The  alternative  is  presented  to 
the  legislature  between  the  opening  of  the  reservation 
to,  the  location  of  the  certificates  except  as  to  the  claim 
set  up  for  the  University  or  the  extension  of  the  reser- 
vation, with  the  entailment  of  a  lobby  prosecution  of 
the  claims  for  all  time  to  come,  until  some  sort  of  a 
compromise  shall  have  been  effected,  as  has  been  the 
case  in  other  claims.''  Entertaining  the  opinion  which 
we  do,  we  certainly  think  the  honor  and  credit  of  the 
State  would  be  best  subserved  by  opening  up  the  reser- 
vation to  all  genuine  land  certificates,  and  especially  to 
the  poor  crippled  confederates  and  their  widows  and 
the  gray  haired  veterans  who  gave  their  blood  and  en- 
dangered their  lives  for  the  honor  of  the  State.  We 
therefore  recommend  that  the  bill  do  pass. 

iUATLOCK, 
StKIBBLIiXG. 

Mr.  Matlock,  chairman  of  Committee  on  Public 
Lands  and  Land  Office, submitted  the  following  reports: 

Committee  Room.  Austin,  April  25,  1882. 
Hon.  Geo.  R.  Beeves,  Speaker  of  the  House  of  Represent- 
atives : 

Your  Committee  on  Public  Lands  and  Land  Office, 
to  whom  was  referred  House  bill  No.  90,  entitled  "An 
act  to  set  apart  and  appropriate  a  portion  of  the  public 
lands  of  the  State  of  Texas  out  of  the  reservation  of 
July  14,  1879,  for  the  benefit  of  the  University  and 
Prairie  View  colored  school,  and  to  provide  for  the 
location  and  survey  thereof,  and  to  open  the  remainder 
of  said  reservation  for  the  location  of  land  certificates," 
have  had  the  same  under  consideration,  and  a  majori- 
ty of  the  committee  instruct  me  to  report  the  same 
back  with  the  recommendation  that  it  do  not  pass. 

Matlock,  Chairman. 

Committee  Room,  Austin,  April  27,  1882. 
/-/on.  Geo.  R.  Reeves.  Speaker  of  the  //ouse  of  Represent- 
atives : 

Your  Committee  on  Finance,  to  whom  was  referred 
Senate  bill  No.  6,  entitled  "An  act  to  adjust  the  State's 
indebtedness  to  the  University   fund,  and  make  appro- 


224  THE  UNIVERSITY  OB^  TEXAS. 

priation  therefor,"  have  had  the  same  under  considera- 
tion, and  a  majority  instruct  me  to  report  the  same 
back  with  the  recommendation  that  it  do  pass. 

Baker,  Chairman. 

Mr.  Foster,  for  a  minority  of  the  Committee  on 
Finance,  by  leave,  submitted  the  following  report : 

Committee  Room,  Austin,  April  28,  1H82. 
Hon.  Geo.  R.  Reeves,  Speaker  of  House  of  Representatives: 

The  undersigned,  minority  of  the  committee  on 
Finance,  to  whom  was  referred  substitute  Senate  bill 
No.  6,  entitled  "An  act  to  adjust  the  State's  indebted- 
ness to  the  University  fund,  and  make  an  appropriation 
therefor,  beg  leave  to  dissent  from  the  views  of  the 
majority  of  said  committee,  for  the  following  reasons: 

1.  For  the  reason  that  the  State  is  indebted  to  the 
common  school  fund  in  the  sum  of  $320,367.13,  evi- 
denced by  bonds  issued  November  15,  1864,  and  the 
further  sum  of  $82,168.82,  evidenced  by  bonds  issued 
November  12,  18  ie,  making  a  total  of  $402,535.95,  the 
interest  upon  which,  to  July  1,  L'^92,  would  amount  to 
$402,0 16.6s,  and  we  see  no  reason  for  giving  preference 
to  the  University  claim  over  the  debt  due  the  common 
school  fund,  part  of  which  is  a  prior  claim. 

2.  The  Constitution  of  the  State  of  Texas  contem- 
plates the  establishment  and  maintenance  of  a  ''sys- 
tem" of  public  free  schools,  beginning  with  common 
schools  and  ending  with  the  University,  and  in  view  of 
the  fact  that  our  common  schools  are  yet  in  their  in- 
fancy, and  open  on  an  average  of  only  about  three 
months  of  each  year,  on  account  of  the  lack  of  means 
with  which  to  maintain  them  for  a  greater  length  of 
time,  and  as  the  existence  of  the  University  must,  to  a 
great  extent  depend  upon  the  prosperity  and  perpetuity 
of  the  public  free  schools  of  the  State,  we  believe  it  to 
be  our  first  duty  to  apply  whatever  surplus  money  the 
State  has  to  the  payment  of  the  interest  due  the  com- 
mon school  fund  on  aforesaid  bonds,  if  the  interest  on 
either  claim  is  paid  at  this  time. 

Respectfully  submitted, 

L.  L.  Foster,  B.  F.  Frymier, 

Harry  Haynes,  W.  T.  Scott, 

W.  A.  Kendall,  C.  L.  Wurzbach. 


THE  UNIVERSITY  OF  TEXAS.  -225 

April  29,  Mr.  Hutcheson  introduced  a  bill  to  be 
entitled  "An  act  to  recognize  the  validity  of,  and  pay 
the  interest  on,  the  debts  due  by  the  IState  of  Texas  to 
the  common  school  and  university  funds."  Read  first 
time  and  referred  to  Committee  on  Finance." 

Committee  Room,  Austin,  May  2,  1882. 
Hon.  Geo.  R.  Reeeves,  Speaker  of  the  House  of  Represent- 
atives : 

Your  Committee  on  Finance,  to  whom  was  re- 
ferred House  bill  No.  103,  entitled  *' An  act  to  inquire 
into  the  validity,  and  pay  the  interest  on,  the  debts 
due  by  the  State  of  Texas  to  the  common  school  and 
University  funds,"  have  had  the  same  under  considera- 
tion, and  instruct  me  to  report  the  same  back  with 
the  recommendation  that  it  do  pass.         Baker, 

Chairman. 

A  message  was  received  from  the  Senate,  inform- 
ing the  House  that  the  Senate  had  passed  Senate  bill 
No.  51,  "An  act  to  provide  for  leasing  the  University 
lands." 

Ma}^  4,  House  joint  resolution  No.  2,  "  Providing 
for  an  election  to  be  held  for  the  location  of  a  branch 
of  the  University  for  the  instruction  of  colored 
youths,"  was  taken  up,  read  the  third  time  and  passed. 

Mr.  Upton,  chairman  of  the  committee  of  the 
whole  House,  submitted  the  following  report : 

Committee  Room,  Austin,  May  4,  1882. 
Hon.   Geo.  R.  Reeves,  Speaker  of  the  House  of  Represent- 
atives : 

Your  committee  of  the  whole  House  to  whom  was 
referred  substitute  Senate  bill  No.  6,  entitled  "An  act 
to  adjust  the  State's  indebtedness  to  the  University  fund 
and  make  appropriations  therefor,"  have  had  the  same 
under  consideration, and  instruct  me  to  report  the  same 
back  with  the  recommendation  that  it  be  indefinitely 
postponed.  Upton, 

Chairman. 
The  question  being  upon  the  adoption  of  the   re- 
port of  the  committee  of  the  whole  House,  the  report 
was  adopted  by  the  following  vote : 


226  THE  UNIVERSITY  OF  TEXAS. 

Yeas — Anderson,  Arnold,  Avers,  Benavides,  Brown, 
Burks,  Cautliron,  Davidson,  Denman,  Douglass,  Faulk, 
Finlay,  Foster,  Frymier,  Gaitlier,  Granbury,  Grant, 
Haidusek,  Haynes,  Hill,  Johnston,  Kendall,  Kindred, 
Liiln,  Matthews,  Nash,  Oliver,  Oxsheer,  Parker,  Patter- 
son, Perrenot,  Polley,  Richarz,  Riggs,  Roach,  Rodri- 
gues,  Scott,  Smith  of  Hunt,  Stewart  of  Hopkins,  Strib- 
bling,  Templeton,  Thompson,  Upton,  Woods,  Wool- 
dridge,  Wurzbach — 46. 

Nays — Baker,  Barry,  Bennick,  Beck,  Bruce,  Caven, 
Carleton,  Chenault,  Chenoweth,  Daniel,  Evans,  Fly, 
Giegier,  Gray,  Hutcheson,  Kerr,  Labatt,  Lewis,  Mack, 
Matlock,  McComb,  Merritt,  Moursund,  Paddock,  Pea- 
cock, Plumly,  Ragsdale,  Stewart  of  Kinney,  Stringfel- 
low,  Story,  Tarleton,  Tompkins,  Todd,  Tra}lor,Truit — 
35, 

Absent,  not  voting,  Linton.  Absent,  on  commit- 
tee duty,  Gibson. 

We  vote  aye  because  the  bill  discriminates  against 
common  schools,  which  are  equally  entitled  to  have 
refunded  the  amount  due  them. 

Davidson,         Nash, 
Kendall,  Stribbling. 

My  reasons  for  voting  aye  are  that  the  bill  embraces 
large  sums  of  money  heretofore  reported  and  admitted 
to  be  of  doubtful  validity,  and  as  such  demands  mature 
and  careful  consideration,  which  the  House  cannot  give 
at  the  present  for  want  of  time,  we  now  being  within 
one  day  of  the  final  adjournment  of  this  extra  session 
of  the  Legislature.  W.  T.  Scott. 

I  vote  to  indefinitely  postpone  the  bill  because 
it  proposes  to  discriminate  in  favor  of  the  Uni- 
versity fund  and  against  the  common  school  fund ;  be- 
cause it  proposes  to  p^iy  a  debt  of  $134,472.26  due  the 
University  fund,  and  the  House  has  refused  to  permit 
an  amendment  to  the  bill  to  pay  to  the  school  fund  a 
debt  of  the  same  and  equal  validity  for  the  sum  of 
$402,535.95.  I  will  not  consent  to  the  payment  of  the 
one  without  the  payment  of  the  other,  as  I  believe  the 
interest  of  the  public  free  schools  of  vastly  more  im- 
portance to  the  public.  Finlay. 


THE  UNIVERSITY  OF  TEXAS.  227 

KIGHT    TO    STATE    APPROPRIATIONS. 

Such  is  the  status  claimed  for  the  University,  as 
before  stated,  as  an  argument  in  connection  with  a 
provision  of  section  48  of  the  third  article  of  the  Con- 
stitution of  1876,  to  justify  appropriations  from  the 
State's  general  revenue  for  support  of  the  University. 
That  section  provides  that  among  other  things  for 
which  the  Legislature  may  raise  taxes  is  the  '^ support 
of  public  free  schools,  in  which  shall  be  included  col- 
leges and  universities  established  by  the  State ;"  add- 
ing, "and  the  maintenance  and  support  of  the  Agri- 
cultural and  Mechanical  College  of  Texas,"  under 
which  provisions,  even  taking  the  two  clauses  together, 
it  would  seem  that  the  Legislature  should  not  hesitate, 
as  it  does,  to  provide  from  the  general  revenue 
for  support  of  the  University  as  well  as  the  college, 
the  latter  having  been  mentioned  by  name,  no 
doubt,  simply  because  it  happened  to  be  in  operation, 
which  was  not  the  case  with  the  University,  and  in 
order  to  intensify  by  constitutional  sanction  the  State's 
acceptance  of  the  federal  donation  to  the  College,  as  an 
earnest  that  the  State  would  continue  to  foster  it,  to 
encourage  its  further  support  by  the  general  govern- 
ment. The  Twenty-first  Legislature  was  the  first  in  its 
appropriations  for  the  University  to  attempt  any  vari- 
ation of  the  construction  of  section  48,  which  had  so 
rigidl}^,  if  not  incorrectly,  and  possibly  wilfully,  pre- 
vailed to  the  prejudice  of  the  University;  but  that 
body  hesitated  to  make  an  appropriation  of  $25,000  to 
the  University,  to  come  out  of  general  revenue,  for 
University  expenses,  except  indirectly,  by  requiring 
the  University  to  substitute  a  like  amount  from  the 
available  University  fund  towards  finishing  the  main 
University  building  at  Austin. 

This  Legislature  was  fairly  disposed  to  help  the 
University  with  ready  means  to  finish  its  main  building 
at  Austin,  as  advocated  by  Mr.  Brown  of  Grayson ;  and 
Mr.  Gresham  of  Galveston  was  anxious  to  have  an  ap- 
propriation to  secure  donations  from  Mr.  Sealy  and 
Galveston,  which  were  conditioned  that  the  State  should 
contribute  equally  with  them  in  the  effort  to  put  the 


228  THE  UNIVERSITY  OP  TEXAS. 

college  into  operation  there  at  once.  The  object  pro- 
posed seemed  to  justify  the  appropriation  for  the 
medical  college  as  the  donations  were  large,  and  the 
State  had  done  nothing  towards  its  establishment,  and 
hacf  taken  University  funds  for  State  expenditures,  so 
that  the  University  was  unable  to  provide  the  means 
for  establishing  the  medical  branch.  This  being  the 
case,  the  propriety  of  the  appropriation  for  the  college, 
as  advocated  by  Mr.  Gresham  in  the  finance  committee 
of  which  he  was  chairman,  was  conceded;  and  Mr.  Brown 
took  the  further  position,  which  was  sustained  by  the 
action  of  the  Legislature  in  adopting  the  report  of  the 
committee,  that  the  State  could  appropriate  the  money 
proposed,  $25,000,  from  the  general  fund,  provided  the 
University  would  use  a  like  amount  of  its  available  fund 
for  completing  and  furnishing  the  University  building. 
Thus  the  Galveston  donations  were  secured,  and  ready 
means  were  supplied  for  completing  the  central  struc- 
ture of  the  University. 

A  suggestion  of  Governor  Roberts  to  the  Sev- 
enteenth Legislature  as  to  appropriations  for  the 
Normal  schools  amounts  to  an  argument  for  support- 
ing the  University  out  of  the  general  revenue,  since  the 
University  is  an  "auxiliary"  to  the  free  schools  quite 
as  necessary  for  higher  education  and  free  instruction 
as  are  the  normals.  The  argument  seems  to  go  further, 
or  might  well  do  so,  and  implies  that  the  money  may 
betaken  indirectly  from  the  school  fund  as  well  as  from 
general  revenue;  and  if  indirectly,  why  not  directly? 
He  said : 

"Upon  the  convening  of  the  Seventeenth  Legisla- 
ture in  January,  1881,  my  message  presented  my  views  in 
regard  to  the  Prairie  View  School,  stating  in  substance, 
that  in  view  of  its  main  benefits,  it  was  simply  a  normal 
school,  and  therefore,  it  was  doubtful  Avhether  it  could 
be  supported  by  appropriations  out  of  the  University 
fund ;  and  expressed  the  same  thing  in  regard  to  the 
support  of  the  Sam  Houston  Normal  School,  out  of  the 
fund  of  the  public  free  schools;  and  urged  the  propriety 
of  supporting  both  of  said  schools  by  appropriations 
from  the  general  revenue;  and  that,  as  they  were  neces- 
sary auxiliaries  of  our  common  schools,  the  amounts 


THE  UNIVERSITY  OF  TEXAS.  229 

appropriated  to  them  be  deducted  from  the  amount  of 
the  general  revenue  that  would  otherwise  be  appropri- 
ated and  distributed  to  the  public  free  schools  in  the 
counties  of  the  State.  Notwithstanding  this  urgent 
recommendation,  the  Legislature  persisted  in  retaining 
this  school  as  an  adjunct  to  the  Agricultural  and  Me- 
chanical College,  and,  consequently  as  a  part  of  the 
University  of  Texas,  by  an  appropriation  act,  approved 
April  J,  1881,  in  which  the  following  is  found,  to  wit: 
*  Support  of  Prairie  View  Normal  Institute,  for  the 
years  ending  August  31,  1882,  and  August  31,  18^3, 
out  of  the  University  fund,  |6,000'  (each  year).  To 
this  was  added  an  appropriation  for  two  mules,  a  wagon 
and  other  things  of  $2,000  out  of  the  University  fund. 

"It  is  well  known  that  the  question  as  to  what  was 
the  proper  fund  out  of  which  this  appropriation  was  to 
be  taken,  was  duly  considered  and  settled  by  the  Legis- 
lature. This  doubt  about  the  constitutionality  of  the 
appropriation  was  produced  by  a  consideration  of  the 
conflicting  conclusions  to  be  drawn  from  the  different 
laws  passed,  indicating  its  object,  its  organization  and 
its  status  in  our  school  system,  and  the  object  of  my 
recommendation  was  to  relieve  it  from  that  attitude. 
When,  however,  the  Seventeenth  Legislature  followed 
the  example  of  the  previous  Legislature  in  appropriating 
money  for  its  support  out  of  the  University  fund,  I  con- 
sidered tliat  there  was  enough  in  the  history  of  the 
Legislature  and  the  facts  pertaining  to  the  school  to 
justify  its  being  regarded  as  part  of  or  an  addition  to 
the  Agricultural  and  Mechanical  College,  as  it  had 
evidently  been  by  both  the  Sixteenth  and  Seventeenth 
Leg-islatures,  and,  therefore,  1  did  not  object,  in  the 
mode  pointed  out  by  the  Constitution,  to  the  appropri- 
ation thus  made." 

This  was  peculiar  legislation,  like  much  against 
the  University,  and  demonstrated  a  stretch  of  power 
exercised  in  the  interest  of  the  colored  people,  though 
with  a  laudable  desire  to  establish  the  school  for  them. 
But  it  led  to  strange  conclusions.  The  school  could 
not  constitute  the  colored  branch  of  the  University 
which  the  law  requires,  but  it  could  be  made  a  branch 
of  the  Agricultural  and  Mechanical  College,  which  was 


230  THE  UNIVERSITY  OF  TEXAS. 

a  branch  of  the  University,  and  through  it  claim  succor 
iroiu  the  University  fund,  though  presenting  the 
anomaly  of  being  succored  by  the  University  as  if  it 
were  a  branch  of  the  main  institution  instead  of  being 
a  branch  of  the  College  dependency.  The  effort,  how- 
ever, was  too  strained,  and  the  Comptroller  (Colonel 
Brown),  as  a  bonded  officer  sworn  to  observe  the 
organic  law,  regarding  the  proceedings  as  unconstitu- 
tional, refused  to  issue  the  warrants  to  cover  the  appro- 
priations, and  the  State,  Avhich  had  already  made 
liberal  provisions  for  the  school  in  other  ways,  returned 
to  its  method  of  direct  appropriations  for  it  from  gen- 
eral revenue,  and  continues  to  sustain  it  quite  liberally 
from  that  or  other  sources,  including  appropriations 
from  the  school  fund. 

The  right  of  the  Legislature  to  make  appropria- 
tions to  the  University  from  State  revenue  is  ably 
discussed  in  an  argument  understood  to  have  been  pre- 
pared for  the  Regents  by  Ex-Chief  Justice  Gould,  and 
presented  in  their  biennial  report  to  Governor  Ross  in 
J 888.  Ex-United  States  Senator  Maxey  made  a  similar 
argument  in  his  "University  address"  at  the  following 
June  commencement.  Other  arguments  in  opposition 
simply  embodied  such  as  have  been  noticed  in  this 
article. 

Professor  Roberts,  who  was  also  at  one  time  a  Chief 
Justice  of  the  State,  thus  condenses  his  views  of  this 
question  in  a  recent  faculty  address : 

"  It  is  to  be  observed  that  there  is  no  express  pro- 
vision requiring  the  Legislature  to  appropriate  money 
collected  as  revenue  to  the  available  fund  to  be  used 
annually,  as  it  was  provided  for  the  support  of  -the 
public  free  schools.  From  which,  as  well  as  from  other 
considerations,  it  may  be  presumed  that  the  University 
was  intended  to  be  supported  mainly  if  not  entirely 
from  the  accruing  proceeds  of  its  permanent  fund. 
Upon  that  there  has  been  some  difference  of  opinion. 
There  is  no  question,  however,  that  the  Legislature 
may  appropriate  any  amount  of  money  or  bonds  to  the 
permanent  fund.  The  Legislature  has  heretofore  both 
loaned  and  appropriated  money  from  the  revenue  for 
the  support  of  the  University  as  it  has  been  needed, 


THE  UNIVERSITY  OF  TEXAS.  231 

and  unless  some  important  action  is  taken  to  increase 
largely  its  permanent  fund,  that  course  must  be  con- 
tinued for  the  annual  maintenance  of  the  University, 
as  now  organized,  for  an  indefinite  time  in  the  future. 
A  very  general  view  of  the  present  situation  will  illus- 
trate this,  as  shown  in  the  Regents'  biennial  report." 

Following  is  the  arejument  attributed  to  Judge 
Gould: 

Section  10  of  article  7  of  the  present  constitution 
directs  as  follows:  "The  Legislature  shall,  as  soon  as 
practicable,  establish,  organize  and  provide  for  the 
maintenance,  support  and  direction  of  a  University  of 
the  first  class,  to  be  located,"  etc. 

Sec.  11.  "In  order  to  enable  the  Legislature  to 
perform  the  duties  set  forth  in  the  foregoing  section,  it 
is  hereby  declared  that  all  lands  and  other  property 
heretofore  set  apart  and  appropriated  for  the  establish- 
ment and  maintenance  of  'The  University  of  Texas,' 
together  with  all  proceeds  of  sales  of  the  same  hereto- 
fore made  or  hereafter  so  to  be  made,  and  all  grants, 
donations  and  appropriations  that  may  hereafter  be 
made  by  the  State  of  Texas,  or  from  any  other  source, 
shall  constitute  and  become  a  permanent  University 
fund.  And  the  same  as  realized  and  received  into 
the  treasury  of  the  State,  'together  with  such  sums 
belonging  to  the  fund  as  may  be  now  in  the  treasury,' 
shall  be  invested  in  bonds  of  the  State  of  Texas,  if  the 
same  can  be  obtained ;  if  not,  then  in  United  States 
bonds;  and  the  interest  accruing  thereon  shall  be  sub- 
ject to  appropriation  by  the  Legislature,  to  accomplish 
the  purposes  declared  in  the  foregoing  section,"  etc. 

Taking  this  last  section  by  itself,  and  giving  to  the 
words  "all  grants,  donations  and  appropriations"  their 
most  comprehensive  meaning,  it  precludes  the  Legis- 
lature from  making  any  direct  addition  to  the  avail- 
able fund  of  the  University ;  for  it  devotes  all  future 
grants,  etc.,  to  the  permanent  fund,  and,  after  prescrib- 
ing the  mode  of  investment,  subjects  only  the  accruing 
interest  to  legislative  appropriation."  The  language  is, 
"The  same  as  realized  and  received  into  the  treasury;" 
that  is,  the  same  grants,  donations  and  appropriations, 
just  declared  to  constitute  a  permanent  fund,  are  to  be 


232  THE  UNIVERSITY  OF  TEXAS. 

realized,  converted  into  money,  and  invested  as 
directed.  It  is  not  some  of  these  grants,  etc.,  but,  if  we 
take  the  literal  meaning  of  the  words,  it  is  the  same; 
that  is,  all  of  them. 

If  this  be  the  correct  construction,  section  11  for- 
bids any  friend  of  the  University  from  donating  money 
or  property  to  be  used  in  the  erection  of  any  buildings 
for  the  University,  or  in  the  purchase  of  instruments  or 
books.  If  some  one  should  donate  to  the  University 
lands,  buildings  and  instruments  for  an  astronomical 
observatory,  this  clause,  thus  literally  construed,  would 
require  that  all  be  sold,  converted  into  money  and  in- 
•  vested  in  bonds.  Should  some  citizen  fit  up,  on  prem- 
ises owned  by  him  contiguous  to  the  University,  a 
gymnasium,  and  convey  it  to  the  use  of  the  University, 
it  would  have  to  be  sold  and  follow  the  same  course. 

Even  donations  of  books,  such  as  have  already 
been  made  and  are  now  in  the  librar}^,  are  also  for- 
bidden. They  must  be  sold,  the  proceeds  invested,  and 
the  interest  may  then  be  appropriated  to  buying  back 
some  of  the  books.  Such  absurd  results  naturally  lead 
us  to  look  more  closely,  and  see  if  some  other  reason- 
able construction  may  not  be  adopted.  (See  Potter's 
Dwarris,  page  655.)  Especially  should  we  seek  light 
from  other  clauses  of  the  constitution  bearing  on  the 
same  subject. 

Section  48,  article  3,  in  enumerating  the  purposes 
for  which  the  Legislature  may  levy  taxes  and  impose 
burdens  on  the  people,  specifies :  "The  support  of 
public  schools,  in  which  shall  be  included  colleges  and 
universities  established  by  the  State,  and  the  mainte- 
nance and  support  of  the  Agricultural  and  Mechanical 
College  of  Texas."  To  support  the  public  schools  and 
the  University  is  to  furnish  the  means  for  carrying 
them  on.  Taken  literally,  giving  to  the  words  "to 
support"  their  full,  literal  meaning,  this  section  is 
express  authority  for  making  direct  appropriations  out 
of  the  general  revenue  for  carrying  on  the  University, 
i.  e.,  for  meeting  its  current  expenses. 

It  is  not  important  to  consider  whether,  under 
some  other  clause  of  the  constitution,  the  Legislature 
might  not  have  had  this  power,  even  if  section  48  had 


THE  UNIVERSITY  OF  TEXAS.  233 

been  omitted.  The  clause  is  not  in  any  way  restrictive 
of  the  power  of  the  Legislature,  nor  is  it  meaningless 
or  without  a  purpose.  That  purpose  is,  to  make  it 
plain,  to  declare  positively  that  public  schools,  colleges 
and  universities  established  by  the  State,  including  the 
Agricultural  and  Mechanical  College,  might  be  sup- 
ported— furnished  with  the  means  to  be  kept  in  opera- 
tion— by  taxation.  This  primary  meaning  of  the  word 
"support"  is  further  enforced  by  looking  at  the  other 
specifications  of  the  purposes  included  in  the  economi- 
cal administration  of  the  government.  (Article  3,  sec- 
tion 4?^.)  With  scarce  an  exception,  they  refer  to 
annually  recurring  expenses. 

Taken  literally  we  find  that  this  clause  of  section 
48,  article  3,  and  section  11,  article  7,  are  in  conflict. 
Here,  then,  we  have  a  second  and  very  strong  reason 
for  re-examining  the  latter  section,  to  see  if  this  ap- 
parent conflict  may  not  be  reconciled.  If  a  reasonable 
construction  can  be  found  giving  effect  to  these  appar-. 
ently  conflicting  causes,  it  must,  in  the  absence  of  some 
preferable  mode  of  reconciling  them,  be  adopted. 

We  claim  that  the  grants,  donations  and  appropria- 
tions intended  were  of  a  like  character  with  those 
"lands  and  other  property"  then  already  '"set  apart 
and  appropriated  ^or  the  establishment  and  maintenance 
of  the  University  of  Texas;"  that  is,  those  designed  to 
add  to  its  permanent  endowment,  or  more  particularly  to 
add  to  its  interest  bearing  fund. 

Let  us  look  a  little  more  closely  at  the  meaning  of 
the  words  "  grants,  donations  and  appropriations."  Each 
of  these  words  is  comprehensive  enough  to  include 
either  land,  personal  property  or  money,  but  it  is  not 
correct  to  suppose  that  the  word  appropriation  by  itself 
indicates  a  moneyed  gift  or  grant  any  more  definitely 
than  does  the  word  donation.  In  this  very  section  11, 
"land  or  oth^r  property"  is  twice  spoken  of  as  "set 
apart  and  appropriated."  It  is  also  once  used  when  the 
context  shows  that  it  meant  money.  Whether  it  means 
land,  property  or  money  is  to  be  gathered  from  the  con- 
nection in  which  it  is  used.  What  is  there  to  show 
that  it  means  money  set  apart  by  the  Legislature  to 
pay  the  annually  recurring  expenses  of  the  University, 


234  THE  UNIVERSITY  OF  TEXAS. 

in  the  clause  under  consideration?  To  treat  it  as  re- 
ferring to  money  given  under  a  general  appropriation 
act  for  the  annual  support  of  the  University,  is  to  sup- 
pose that  the  convention,  intending  to  prohibit  such 
appropriations,  instead  of  doing  so  directly,  attempted 
to  accomplish  their  purpose  in  a  most  indirect  and  awk- 
ward way.  The  constitution  is  made  to  say:  ''All  ap- 
propriations of  money,  including  those  designed  by 
the  Legislature  to  be  consumed  for  current  expenses, 
shall  not  be  so  used,  but  shall  be  captalized  and  in- 
vested. How  easy  to  have  said,  as  was  said  of  the 
"establishment  and  erection  of  the  buildings  of  the 
•University,"  tJiat  to  meet  the  current  expenses  of  the 
University,  "no  tax  shall  be  levied  and  no  money  ap- 
propriated out  of  the  general  revenue."  How  awkward 
to  say  that  an  appropriation  intended  for  expenditure 
shall  not  be  expended,  but  shall  be  invested.  Looking, 
then,  at  the  language  of  section  11,  taken  by  itself,  I 
deny  that  there  is  anything  justifying  the  conclusion 
that  the  word  appropriations  was  used  to  mean  appro- 
priations of  money  to  be  expended  in  defraying  run- 
ning expenses. 

Looking  at  section  9,  of  this  same  article,  we  find 
it  reads.  "All  lands  heretofore  granted  for  the  benefit 
of  the  Lunatic,  Blind,  Deaf  and  Dumb  and  Orphan 
asylums,  together  with  such  donations  as  may  have  been,  or 
may  hereafter  he  made  to  either  of  them,  respectively,  as 
indicated  in  the  several  grants,  are  hereby  set  apart  to- 
provide  a  permanent  fund  for  the  support,  maintenance 
and  improvement  of  said  asylums.  And  the  Legisla- 
ture may  provide  for  the  sale  of  the  lands  and  invest- 
ment of  the  proceeds  in  manner  as  provided  for  the 
sale  and  investment  of  school  lands  in  section  4  of  this 
article."  The  section  is  very  concise;  but  it,  if  taken 
literally, giving  to  "donations"  its  full  literal  meaning, 
prohibits  the  Legislature  from  giving  any  money  to  the 
asylums  to  be  used  in  meeting  expenses.  Every  addi- 
tion made  by  the  Legislature  to  either  fund  of  the 
asylums,  the  permanent  fund  or  the  fund  to  meet  ex- 
penses, is  a  donation.  Donations  which  may  hereafter 
be  made,  says  the  constitution,  shall  be  "set  apart  to 
provide  a  permanent  fund  for  the  support,  maintenance 


THE  UNIVERSITY  OP  TEXAS.  235 

and  improvement  of  said  asylums."  The  Legislature, 
correctly  holding  that  the  constitution  meant  dona- 
tions, like  the  grants  of  lands  just  named,  intended  for 
endowment,  regularly  donate  or  appropriate  money  to 
keep  these  institutions  running.  The  asylums  had 
been  carried  on  lor  years  by  donations  or  appropria- 
tions out  of  the  general  revenue,  and,  although  the 
language  of  the  constitution,  taken  literally,  would  put 
an  end  to  this  practice,  it  is  plain  that  the  object  of  the 
section  was  not  to  do  this,  but  simply  to  protect  from 
expenditure  the  endo>/ments  of  the  asylums,  including 
future  as  well  as  past  donations  and  grants  intended  as 
endowments.  Such,  also,  we  claim  to  be  the  evident  ' 
object  of  section  1 1 ,  in  regard  to  the  University.  Look- 
ing at  article  7,  as  a  whole,  we  find  that  it  refers  to  the 
public  schools,  the  asylums  and  the  University,  each  of 
which  had  already  been  endowed  by  the  State.  The  per- 
manence and  security  of  these  endowments  seems  to  have 
been  one  of  the  primary  aims  of  the  article.  The  "funds, 
lands,  and  other  property,"  before  set  apart  for  public 
schools,  the  "alternate  sections  of  land  reserved  by  the 
State  out  of  grants  heretofore  made,  or  that  may  here- 
after be  made,  to  railroads  or  othei'  corporations,"  to- 
gether with  the  proceeds  of  the  sale  of  the  same,  are 
made  a  ''perpetual  school  fund,"  to  be  invested  in  the 
way  prescribed  in  the  constitution— the  interest  only 
to  be  "applied  annually  to  the  support  of  the  pub- 
lic free  schools''  (article  vii,  sections  2,  4  and  5.)  So, 
as  we  have  sf^en,  the  endowment  of  the  asylums,  as  then 
existing,  or  as  increased  by  further  donations,  was 
made  a  "permanent  fund,"  to  be  invested  in  like  man- 
ner. And  so,  in  section  11,  with  the  same  leading  ob- 
ject in  view,  the  constitution  declares  that  "all  lands 
and  other  property  heretofore  set  apart  and  appropri- 
ated" for  the  University,  and  "all  grants  and  donations 
and  appropriations,  that  may  hereafter  be  made  by  the 
State  of  Texas,  or  from  any  other  source,  shall  consti- 
tute and  become  a  permanent  University  fund."  This 
permanent  fund,  including  proceeds  of  land  sales  and 
all  sums  then  in  the  treasury,  is  to  be  also  invested  as 
directed  for  public  schools,  the  interest  to  be  subject  to 
appropriation.     Bearing  in  mind  that  the  protection  of 


236  THE   UNIVERSITY   OF  TEXAS. 

the  endowment  was  a  primary  object  in  framing  section 
11,  it  follows  naturally  that  this  protection  would  be 
extended  to  all  future  additions  to  that  endowment  by 
grants,  donations,  and  appropriations  from  the  State, 
or  from  an}'  other  source.  With  this  key  to  their 
meaning,  is  it  not  reasonably  clear  that  in  this  section, 
as  in  section  9,  the  words  used  were  not  intended  to  be 
taken  in  their  full  literal  signification? 

The  object  being  to  protect  the  permanent  fund,  that 
protection  is  extended  to  all  donations  or  accessions  to 
that  fund  from  any  source.  Surely  the  object  could 
not  have  been  to  discourage  gifts  to  the  University  by 
'unreasonable  restrictions.  Yet,  if  the  clause  imposes  a 
restriction  on  the  Legislature,  the  conclusion  is  inevit- 
able that  it  imposes  the  same  restrictions  on  individuals 
desiring  to  make  donations  or  bequests  for  the  benefit 
of  the  University.  It  has  already  been  shown  that  if 
the  object  of  the  clause  was  to  prohibit  appropriations 
to  be  expended,  the  method  of  doing  so  was  so  indirect 
and  awkward  as  of  itself  to  make  the  meaning  obscure 
and  doubtful.  And  in  this  connection  it  is  quite 
significant  to  note  that  in  section  14  of  this  article, 
when  the  object  was  to  limit  the  legislative  power  to 
make  appropriations  for  the  University  out  of  money 
raised  by  taxation,  the  prohibition  is  direct  and  positive  : 
*'N6  tax  shall  be  levied  and  no  mone}'- appropriated  out 
of  the  general  revenue  for  the  establishment  and  erection 
of  the  buildings  of  the  University  of  Texas." 

Here  is  no  ambiguity.  Right  here,  when  the  con- 
stitution is  specifying  the  purposes  connected  with  the 
University  for  which  the  people  shall  not  be  taxed,  we 
would  naturally  expect  to  find  it  specified  that  appro- 
priations should  not  be  made  out  of  the  general  rev- 
enue to  meet  the  current  expenses  of  the  University — 
if,  indeed,  such  a  restriction  were  intended.  Here  is  a 
clause  the  direct  object  of  which  is  to  limit  the  pur- 
poses, the  University  purposes,  for  which  the  people 
may  be  taxed.  The  inference  is  strong  that  for  all 
other  University  purposes  than  those  here  expressed, 
the  power  of  the  Legislature  to  make  appropriations 
out  of  the  general  revenue  is  intended  to  be  left  un- 
touched.    Extravagant  expenditure  in  the  erection  of 


THE  UNIVERSITY  OF  TEXAS.  237 

expensive  buildings  for  colleges  had  been  common,  so 
common  that  it  was  desired  to  protect  the  people-  from 
suffering  from  such  extravagance  in  the  case  of  the 
University.  It  by  no  means  follows  that  there  was  any 
design,  or  even  disposition,  to  curtail  furtlier  the  power 
expressly  granted  to  levy  taxes  to  ''support"  the  Univer- 
sity. 

Strong  confirmation  of  these  views  of  section  11  is  to 
be  found  by  tracing  this  section  back  to  its  origin.  On 
page  134  of  the  proceedings  of  the  Constitutional  Con- 
vention is  found  the  following:  "By  Mr.  Davis,  of 
Brazos,  the  following  resolution : 

"Resolved,  That  section  — ,  Article  -— ,  of  the  con- 
stitution, shall  read  as  follows: 

"The  Legislature  shall,  as  soon  as  practicable,  pro- 
vide for  the  establisment  of  a  iState  University,  for  the 
promotion  of  literature  and  the  arts  and  sciences, 
including  an  agricultural  and  mechanical  department, 
and  the  Agricultural  and  Mechanical  College  of  Texas, 
established  by  an  act  of  the  Legislature,  approved  April 
17,  1871,  located  in  the  county  of  Brazos,  shall  be  and 
is  hereby  constituted  a  branch  of  the  State  University, 
for  instruction  in  agriculture,  the  mechanic  arts,  and 
the  natural  sciences  connected  therewith. 

"The  Univer.-ity  lands  and  the  proceeds  thereof,  and 
all  money  belonging  to  the  University  fund,  and  all 
grants,  donations  and  appropriations  heretofore  made 
under  former  laws  of  this  State  for  the  maintenance 
and  support  of  a  State  University,  and  all  other  lands 
and  appropriations  that  rn ay  hereafter  be  granted  by 
the  State,  shall  be  and  remain  a  permanent  fund  for 
the  use  of  the  State  University.  The  interest  arising 
from  the  same  shall  be  annually  appropriated  for  the 
support  and  benefit  of  said  University. 

"And  it  shall  be  the  duty  of  the  Legislature  to  take 
measures  for  the  protection,  improvement  or  other 
disposition  of  said  lands,  and,  as  soon  as  may  be  done, 
to  provide  effectual  means  for  the  permanent  security 
and  investment  of  the  funds  of  said  State  University. 

"Referred  to  Committee  on  Education." 

It  is  apparent  that  the  "grants,  donations,  and  ap- 
propriations heretofore  made,"  before  the  establishment 


238  THE  UNIVERSITY  OF  TEXAS. 

of  the  University,  had  been  designed  for  its  endow- 
ment, and  that  the  ''lands  and  appropriations  that  may 
hereafter  he  granted  by  the  State"  were  of  a  like  nature. 
Mr.  Davis,  of  Brazos,  was  undoubtedly  aming  to  secure 
the  Agricultural  and  Mechanical  College  an  interest 
in  the  endowment  of  the  University,  also  to  protect 
that  endowment  and  make  it  productive.  There  is 
nothing  to  indicate  a  design  to  curtail  the  power  of  the 
Legislature  in  making  appropriations  out  of  the  gen- 
eral revenue  for  the  University. 

Further  illustrations  showing  that  such  expressions 
as  "all  funds,  lands,  and  other  property  *  *  that 
may  hereafter  be  set  apart  and  appropriated  "  were  used, 
when  the  context  plainly  negatives  an}^  intention  to 
include  annual  appropriations  for  current  expenses, 
may  be  found  on  pages  243  and  137  of  the  proceedings 
of  the  convention. 

In  addition  to  all  this,  it  ma}^  well  be  claimed  that 
in  making  appropriations  out  of  general  revenue  for 
the  current  expenses  of  the  Agricultural  and  Mechan- 
ical College, the  Legislatures  have  given  their  construc- 
tion to  the  constitution,  and  that  it  is  entitled  to  respect. 
The  constitution  makes  the  Agricultural  and  Mechan- 
ical college  a  branch  of  the  University.  Being  a 
branch — an  integral  part  of  the  Univerity — how  can 
the  Legislature  appropriate  revenue  to  meet  its  current 
expenses  if  they  are  forbidden  to  do  this  for  the  Uni- 
versity? Can  any  authority  be  found  in  the  constitu- 
tion for  doing  this  for  the  Agricultural  and  Mechanical 
College,  and  not  for  the  University?  We  do  not 
undertake  to  say  positively  that  there  cannot,  but  what 
we  do  assert  is  that  the  burden  of  showing  it  devolves 
on  those  who  claim  that  it  exists.  Prima  facie,  we 
have  a  legislative  interpretation  of  the  constitution  in 
favor  of  the  right  to  appropriate  in  like  manner  for 
the  main  University.  In  fact,  is  not  an  appropriation 
for  the  current  expenses  of  the  Agricultural  and 
Mechanical  College  indirectly  an  appropriation  to  the 
main  University  by  relieving  it  in  so  far  from  the 
burden  of  defraying  the  expenses  of  the  Agricultural 
and  Mechanical  College  out  of  its  income? 

It  is  claimed  that  enough  has  been  said  to  justify 


THE  UNIVERSITY  OF  TEXAS.  239 

the  construction  of  section  1 1  which  we  have  suggested 
—  even  if  the  fact  were  that  we  were  simply  seeking 
the  meaning  of  the  section  standing  alone,  with  no 
outside  reason  or  occasion  pressing  for  or  against  any 
particular  construction.  If  taken  by  itself,  its  most 
probable,  most  reasonable  meaning,  may  be  briefly 
summed  up  thus :  "  To  secure  a  permanent,  productive 
fund,  designed  to  enable  the  Legislature  to  establish 
the  State  Universit}^,  it  is  declared  that  its  endowment 
as  it  now  exists,  including  land  and  other  property 
heretofore  granted  by  the  State,  and  all  money  arising 
therefrom  ngw"  in  the  treasur}^  and  also  its  endowment 
as  it  may  be  added  to  by  the  State,  or  from  any  other 
source,  shall  be  a  permanent  University  fund,  invested 
only  in  bonds  of  the  State  or  of  the  United  States,  the 
interest  on  which  shall  alone  be  expended  under  the 
direction  of  the  Legislature  for  the  benefit  of  the 
University." 

But  it  must  be  remembered  that  we  are  compelled 
to  reconcile  this  section  of  the  constitution  with  sec- 
tion 40,  article  3.  Taken  literally  the  two  sections  are 
in  conflict.  The  one  plainly  and  incontrovertibly 
declares  the  power  of  the  Legislature  to  appropriate 
money  out  of  the  general  revenue  to  support  the  Uni~ 
versity.  Unless  this  power  is  restricted  by  section  11, 
it  clearly  authorizes  the  annual  expenses  of  the  Univer- 
sity to  be  provided  for  out  of  the  general  revenue. 

To  say  the  least  of  it,  it  is  ^r  from  certain  that 
section  11  was  df^signed  to  impose  any  such  restric- 
tions. It  admits  of  a  reasonable  construction,  which 
harmonizes  the  two  sections.  That  construction  re- 
quires no  departure  from  the  natural  or  primary  mean- 
ing of  the  language.  The  words  are  merely,  from  the 
context,  interpreted  as  covering  less  ground  than  they 
sometimes  do.  In  this  way  the  two  sections  become 
harmonious.  They  must  be  harmonized.  If  this  is  not 
the  way  to  make  them  harmonious,  then  we  must  do  it 
by  giving  to  the  words  "to  support,"  in  section  48, 
article  3,  a  limited  meaning.  We  must  conclude  that 
the  constitution,  while  requiring  the  University  to  be 
supported  by  taxation — declaring  that  its  support  is 
one  among  the  purposes  for  which  taxes  may  be  levied 


240  THE  UNIVERSITY  OP  TEXAS. 

— most  strangely  departs  from  the  usual  method  of 
providing  for  government  purposes,  by  requiring  suf- 
ficient taxation  to  raise  a  fund  the  interest  on  which 
will  support  it.  It  is  believed  that  no  sufficient  reasons 
can  be  given  in  support  of  this  mode  of  harmonizing 
the  constitution,  and  it  is  only  deemed  necessary  to 
add  that  it  leaves  in  force  the  absurd  restrictions  on 
gifts  to  the  University,  alluded  to  in  the  outset. 

General  Maxey's  argument  in  his  University  ad- 
dress was  as  follows ; 

The  Constitution  of  1875  is  clear  and  explicit  as 
to  the  power  and  duty  of  the  Legislature  in  respect  to 
the  University.  The  Legislature  shall  .  .  "estab- 
lish, organize  and  provide  for  the  maintenance,  sup- 
port and  direction  of  a  University  of  the  first  class  .  . 
and  styled  '  The  Universit}^  of  Texas,'  for  the  promotion 
of  literature  and  the  arts  and  sciences,  including  an 
agricultural  and  mechanical  department." 

'.'The  Legislature  has  alread}^  complied  with  its 
constitutional  duty  to  the  extent  of  "establishing, 
organizing  and  providing  for  the  direction"  of  the 
University,  but  the  duty  of  providing  for  "the  mainte- 
nance and  support"  has  only  been  partially  discharged. 
It  will  not  do  to  say  that  the  remnant  of  the  fifty 
leagues  given  in  1839,  and  the  1 1 00,000  in  1858,  re- 
duced by  appropriations  by  the  State  to  other  objects, 
and  the  1,000,000  acres  of  land  given  by  the  Constitu- 
tion, made  sufficient  provision.  The  framers  of  the 
Constitution  knew  perfectly  well  of  these  donations 
and  of  she  diversion  by  the  State  of  a  portion  of  these 
grants  to  other  objects.  They  knew  perfectly  well 
that  the  munificent  land  grant  and  the  $100,000  in 
bonds  granted  by  the  act  of  1858,  supplemented  by  what 
the  State  had  not  disposed  of — of  the  fifty  leagues — 
would  have  amply  endowed,  supported,  and  maintained 
the  University  without  taxation ;  but  the  Constitution 
took  away  the  land  grant  of  1858  from  the  University, 
although  not  one  ever  found  fault  with  that  donation, 
and  then  granted  1,000,000  acres,  which  in  view  of  the 
relative  value  of  the  land?  was  but  a  small  return.  Still 
the  Constitution  by  no  expression  limits  the  Legislature 
in  providing  for   the   support  and    maintenance  of  a 


THE  UNIVERSITY  OB^  TEXAS.  241 

University  of  the  first  class,  save  the  general  limit  ap- 
plicable to  all  objects  of  appropriation,  and  the  restric- 
tion against  appropriations  to  buildings,  but  does  in 
express  terms  grant  it  the  power  to  levy  a  tax  for  the 
support  and  maintenance  of  the  University,  as  well  as 
to  make  appropriations  to  that  end  out  of  the  general 
revenue.  The  power,  therefore,  is  ample ;  the  neces- 
sity to  support  and  maintain  a  University  of  the  first 
class  exists,  and  hence  the  power  being  ample,  and  the 
necessity  existing,  the  duty  is  imperative.  It  is  true 
that  the  Legislature,  by  the  act  of  April  10, 1883,  made 
an  additional  grant  of  1,000,000  acres  of  land  to  the 
University,  but  it  is  manifest  that  however  valuable 
and  yielding  these  grants  may  become  they  do  not  now 
yield  a  sufficiency  for  necessary  buildings,  and  for  the 
support  and  maintenance  of  the  University  upon  the 
broad  scale  contemplated  by  the  constitution,  and  what 
they  lack  should  be  supplied  by  necessary  appropria- 
tions, and  the  Legislature  will  not  do  its  imperative 
constitutional  duty  until  it  makes  such  provision.  The 
Legislature  passed  an  act  approved  November  30, 1881, 
'*to  establish  the  University  of  Texas."  Manifestly, 
there foi-e,  it  believed  the  time  had  come  to  do  so.  The 
constitution  declares  that  the  Legislature  should  estab- 
lish and  organize  the  University  "as  soon  as  practi- 
cable." Having  done  so,  it  is  too  plain  for  argument 
that  the  other  duties  to  provide  for  the  support  and 
maintenance  of  the  University,  and  such  an  one  as  the 
constitution  specifically  names — that  is  to  say — ''of  the 
first  class,"  imperatively  follows.  I  believe  that  when, 
the  matter  is  understood  the  provision  will  be  made. 

Sec.  10,  of  Art.  7,  of  the  constitution  says  the  Legis- 
lature shall  establish,  organize,  and  provide  for  the 
maintenance,  support,  and  direction  of  a  University  of 
the  first  class.  It  did  not  leave  it  to  the  Legislature  to 
designate  what  was  such  an  institution,  but  the  framers 
of  tlie  constitution  had  before  them  such  institutions 
as  Harvard  and  Yale  and  the  University  of  Virginia, 
and  other  first  class  institutions,  so  there  could  be  no 
mistake  about  what  they  meant.  That  was  the  power 
conferred,    and    the    Legislature  was   to    execute   that 

L-16 


242  THE  UNIVERSITY  OF  TEXAS. 

power  in  the  terms  directed.  But  it  is  said  that  section 
11  of  the  same  article  of  the  constitution  modifies  and 
restricts  that  provision.  Now,  where  there  are  two  or 
more  constructions  which  may  be  placed  upon  the 
constitution,  making  it  doubtful  what  was  meant,  and 
the  Legislature  has  placed  its  construction  upon  the 
matter,  so  that  an  issue  has  gone  to  the  courts,  they 
have  decided,  without  exception,  that  they  will  not  in- 
terfere unless  the  construction  placed  by  the  law  mak- 
ing power  is  manifestly  against  the  constitution,  and 
such  is  the  universal  rule  of  the  courts  from  the  tSu- 
preme  C  ourt  of  the  United  States  down,  and  such  is  the 
principle  clearly  enunciated  by  Cooley  on  Constitutional 
Construction. 

The  constitution,  in  section  11,  of  the  same  article, 
sets  out  the  various  items  which  make  up  the  general 
fund.  The  word  appropriation  occasions  the  difficulty 
b}^  its  use  in  one  part  of  the  constitution  in  one  sense 
and  in  another  part  in  a  different  sense. 

As  I  construe  section  11,  article  7,  it  has  reference 
to  such  appropriations,  and  to  such  only,  as  are  designed 
by  the  Legislature  to  increase  the  permanent  Univers- 
ity fund,  because  it  is  associated  in  that  section  alone 
with  other  items  of  the  permanent  fund,  whilst  the  use 
of  the  same  word  "appropriations,''  in  the  proviso  to 
section  14,  same  article,  has  manifest  reference  to  such 
appropriations  as  may  be  designated  to  aid  in  the  pay- 
ment of  current  expenses  when  the  revenues  derived 
from  the  permanent  fund  are  not  sufficient  for  that 
purpose,  and  this  is  made  quite  clear  by  the  same  pro- 
viso which  prohibits  the  use  of  such  appropriations  for 
the  erection  of  buildings,  and  this  being  the  only 
exception  to  its  use  it  can  by  a  well  known  rule  of  con- 
struction be  used  for  any  other  legitimate  object  of  the 
University. 

A  careful  examination  of  sections  10  and  11  and 
proviso  to  section  14,  article  7,  and  section  48,  article 
3,  will  leave  no  doubt  1  think  on  this  question.  If  it 
be,  as  some  insist,  that  an  appropriation  can  not  be  used 
for  current  expenses,  but  if  made  must  go  into  the  per- 
manent fund  you  have  this  anomaly:  You  have  the 
fruits  and  revenues  of  every  other  item  in  the  perma- 


THE  UNIVERSITY  OF  TEXAS.  243 

nent  fund  subject  to  any  and  every  legitimate  use  of 
the  University,  but  the  interest  on  that  particular  item 
*' appropriations"  can  not  be  used  for  building.  Again, 
if  appropriations  can  not  be  used  for  current  expenses, 
then  whatever  money  may  be  appropriated  for  common 
schools  or  University  raised  under  Art.  3,  Sec.  48,  would 
have  to  go  into  the  permanent  funds  of  the  schools  and 
University  respectively,  and  the  interest  only  could  be 
used  for  current  expenses.  Certainly  this  construction 
will  be  new  to  the  people.  Suppose  the  University 
needs  $10,000  for  its  immediate  use  in  its  support  and 
maintenance.  You  can  not  make  the  appropriation 
directly  under  the  construction  claimed  by  some  of 
section  11,  but  you  must  appropriate  say  $200,000  and 
put  that  in  the  general  fund,  and  if  it  yields  five  per 
cent  interest,  use  the  interest,  which  would  be  $10,000, 
but  the  $200,000  would  still  be  in  the  permanent  fund 
after  the  necessity  for  the  $10,000  had  ceased. 

But  look  at  the  fourteenth  section.  That  provides 
for  appropriations  out  of  general  revenue,  but  this  shall 
not  be  used  for  building  purposes,  and  there  is  no  other 
limitation  on  its  use ;  but  there  is  no  lawyer  but  knows 
that  where  an  exception  is  made  it  includes  every  other 
legitimate  purpose.  So,  if  you  can  not  use  an  appro-- 
priation  out  of  the  general  revenue  for  building  pur- 
poses, you  can  use  it  under  the  proviso  to  section  14 
for  any  other  legitimate  purpose  for  the  University. 

But  the  grand  and  governing  object  and  mandate 
of  the  constitution  is  to  establish  and  maintain  "a 
first  class  University,"  and  all  other  provisions  of 
the  constitution  must  be  made  to  harmonize  with 
that  leading  purpose.  Go  back  to  the  forty-eighth 
section  of  the  third  article  of  the  constitution  and 
you  will  find  that  your  Legislature  has  the 
power  to  tax  the  people  for  schools,  "including 
colleges  and  universities."  Now,  if  that  tax  must 
go  into  the  permanent  fund  for  the  University,  the 
school  tax  must  go  into  the  permanent  school  fund. 
You  can  not  help  the  common  schools  or  the  Univer- 
sity by  appropriations  except  from  the  interest,  if  this 
strange  construction  be  correct. 


244  THE  UNIVERSITY  OP  TEXAS. 

Where  the  Legislature  has  passed  an  act  construing 
the  constitution,  the  act  will  be  followed  by  the  courts. 
The  Legislature  did  that  in  its  appropriations  for  the 
Agricultural  and  Mechanical  College,  which  is  by  the 
constitution  a  branch  of  the  University,  and  in  giving 
$75,000  for  the  main  University  and  $50,000  for  its 
medical  branch  at  Galvestion,  Three  times  now  has 
the  Legislature  put  the  same  construction  upon  the 
constitution,  allowing  appropriations  tor  the  Univer- 
sity outside  the  University  fund.  The  Legislature  has 
done  this  looking  to  its  duty  to  establish  a  first  class 
University,  and  recognizing  the  fact  that  such  institu- 
tions have  their  law  and  medical  department, 

I  have  faith  in  the  honesty  and  intelligence  of  the 
people.  When  they  come  to  understand  the  matter, 
and  the  claims  of  the  University  expressed  in  every 
form  in  the  declaration  of  independence;  in  the  consti- 
tution of  the  Republic;  by  the  Third  Congress  of  the 
Republic;  by  the  Seventh  Legislature  of  the  State,  and 
by  the  constitution  of  1875,  ratified  by  the  people  by  a 
great  majoritiy,and  by  the  act  establishing  the  Univer- 
sity— there  will  be  no  hesitation  in  securing  ample  ap-< 
propriations  until  the  University  becomes  self-sustain- 
ing, as  it  soon  will  do  after  all  necessary  buildings,  ap- 
paratus, library,  etc.,  are  provided  and  paid  for.  The 
words  "maintenance"  and  "support,"  as  used  in  the 
constitution,  are  weighty  words,  and  the  Legislature, 
by  that  instrument,  is  required  to  provide  for  both. 
The  loan  made  by  the  Twentieth  Legislature  was  of 
material  benefit  in  enabling  the  regents  to  use  money 
for  the  erection  of  the  main  building,  as  well  as  the 
building  for  the  medical  branch  when  established,  but 
the  duty  to  support  and  maintain  is  not  thereby  dis- 
charged. I  am  aware  of  the  proviso  to  section  13,  arti- 
cle 7,  of  the  constitution,  in  respect  to  buildings.  That 
does  not  change  the  argument.  Let  the  Legislature,  in 
case  of  need,  support  and  maintain  the  University,  and 
the  regents,  out  of  the  current  fund,  can  erect  the 
buildings;  and  so  manifestly  thought  the  Legislature 
just  adjourned,  in  its  appropriations  for  the  University 
proper  and  the  medical  branch." 


THE  UNIVERSITY  OF  TEXAS.  245 

STATUS  AS  TO  THE  FREE  SCHOOL  FUND. 

By  implication,  the  act  of  March  30,  lb8l,  establish- 
ing the  University,  evidently  aimed  to  preclude  appro- 
priations from  the  general  fund  for  current  expenses 
or  support  of  the  University,  just  as  section  14,  of  the 
7th  article  of  the  constitution  of  1876,  precluded  ''any 
State  tax  being  levied  or  general  revenue  appropriated 
for  University  buildings,''  so  that  under  such  construc- 
tion the  University  and  all  its  branches,  except  the  A. 
and  M.  College,  would  seem  to  be  cut  off  from  all  8tate 
aid,  so  far  as  legislation  can  bind  future  Legislatures, 
unless  the  institution  can  come  in  for  support  as  a  pub- 
lic school  from  the  free  school  fund,  which  is  some- 
thing that  has  never  been  attempted  but,  perhaps, 
might  reasonably  be  contended  for  in  its  behalf  Cer'^ 
tainly  it  would  be  no  less  "justified  diversion"  than  is 
practiced  by  the  Legislature  upon  the  University  fund, 
or  more  properly  but  a  simple  distribution  of  the 
school  fund  as  a  fund  in  common,  between  the  Univer^ 
sity  and  its  branches  as  public  free  schools  as  one  class 
and  the  common  schools  as  another  class  of  free  public 
schools.  What  boots  it  if  the  one  has  been  given  two 
million  and  the  other  thirty  million  acres,  if  the  Leg^ 
islature  wants  a  redistribution?  Why  should  not  a 
State  Legislature  be  as  sovereign  as  a  State  convention 
since  by  legal  fiction  either  represents  the  people?  Has 
not  the  University,  as  well  as  the  schools,  been  estab- 
lished by  the  constitution?  and  yet  cannot  the  Legisla- 
ture, if  it  choses,  refuse  to  make  appropriations  for  them 
which  would  destroy  them,  as  a  member  of  the  Legis- 
lature, and  even  Gov.  Ireland  once  boldly  declared  the 
Legislature  could  do  as  to  the  University?  Is  not  the 
Legislature  then  paramount  when  it  comes  to  the  ex- 
ercise of  power?  and  what  use  for  conventions  to  "dec- 
larate"   to    Lesjislatures    when    Lesrislatures     can    im- 

CD  ~ 

periousiy  disregard  their  high  behests  and  refuse  to 
execute  their  mandates,  no  matter  how  solemnly  they 
may  express  the  will  and  attempt  to  enforce  the  sov- 
ereignty of  "We,  the  people?"  Is  it  not  too  true  that 
the  "law  of  might"  in  Legislatures  is  a  "higher  law 
than  the  constitution?"  and  that  even  great  sticklers 
for  strict  constitutional  construction  "bend  its  straight 


246  THE   UNIVERSITY   OF  TEXAS. 

rules  to  their  own  crooked  wills  "  to  suit  their  pur- 
poses? If  then  a  convention  can  convert  a  million 
acres  of  land,  as  did  the  iState  convention  of  1875,  from 
the  University  to  the  schools,  why  may  not  a  legis- 
lature convert  money  from  the  school  fund  to  the  Uni- 
versity? Not  that  legislatures  often,  but  sometimes,  do 
venture  to  disregard  the  organic  law  according  to  their 
inclinations  of  prejudice  or  partiality  for  State  institu- 
tions, and  especially  when  affecting  tState  Universities 
as  the  history  of  some  of  them  proves.  And  can  the 
Supreme  Court  say  na} ,  or  prevent  the  Legislature,, 
under  any  constitutional  issue  which  can  be  raised, 
from  doing  as  it  pleases  with  its  own  institutions?  And 
what  can  a  legislature  not  do,  if  it  can  make  a  ''loan'" 
to  the  University  serve  as  "full  settlement"  of  all  de- 
mands against  the  State  for  University  funds,  held  in 
trust  by  the  State,  but  used  for  the  State's  own  govern- 
mental purposes? 

The  eighth  section  of  the  act  of  1881,  referred  to, 
provides  that  ''the  salaries  and  expenses  of  the  Uni- 
versity shall  never  exceed  the  interest  on  the  Univers- 
ity fund,  and  land  sales  fund,  or  ever  become  a  charge 
on  the  general  revenue  of  the  State."  This  provision 
was  made  in  the  bill  on  account  of  the  political  bear- 
ing of  the  times  to  avoid  opposition  to  the  University 
on  the  ground  that  it  would  largely  increase  the 
burdens  of  the  State  to  make  appropriations  for  it  from 
the  general  fund.  It  was  incorporated  in  a  bill  em- 
bodying some  suggestions  of  Prof.  O.  H.  Cooper,  late 
State  Superintendent  of  Instruction,  who  has  recently 
declined  a  proferred  chair  in  the  University.  Capt.  J. 
C.  Hutcheson,.of  Houston,  introduced  it  into  the  Legis- 
lature, which  adopted  it,  with  some  changes  as  to  the 
management  of  the  University,  among  them,  one  leav- 
ing out  the  provision  for  a  University  President,  which 
office  Prof.  Cooper  and  Judge  Terrell  both  wanted  to 
retain,  but  which  Judge  Terrell,  as  a  champion  of  the 
bill  in  the  Senate,  agreed  to  omit  in  deference  to  Cap- 
tain Hutcheson,  who  would  not  support  the  bill  with 
the  President  clause  in  it,  or  a  bill  which  Judge  Terrell 
had  prepared,  and  was  finally  the  basis  of  the  bill 
adopted. 


THE  UNIVERSITY  OF  TEXAS.  247 

The  incorporated  provision,  however,  as  above  quot- 
ed from  the  act  of  188 1,  seems  to  be  violative  of  the 
spirit  of  the  constitution  referred  to,  but  it  would  have 
been  clearly  so,  to  have  enacted,  if  such  was  the  aim, 
that  the  University  should  have  no  support  from  the 
State  lor  any  purpose  whatever.  A  fair  interpretation 
of  the  law  on  its  face  is,  that  the  limitations  were  in- 
tended simply  to  prevent  extravagance  in  the  salaries 
of  professors  and  other  running  expenses  of  the  Uni- 
versity, just  as  section  14  of  article  7  of  the  constitution 
of  1876  may  be  interpreted  to  intend  simply  to  prevent 
extravagance  in  University  buildings;  and  in  either 
event,  not  to  inhibit  the  State  from  making  appropria- 
tions frona  any  fund  for  any  purpose  which  it  might 
deem  proper  to  enlarge  the  scope  and  usefulness  of  the 
institution,  for  that  itself  would  be  unconstitutional  as 
a  denial  of  btate  sovereignty.  As  Governor  Ireland 
argued  in  an  address  at  one  of  the  University  com- 
mencements, referring  to  an  application  of  the  regents 
for  control  of  the  University  lands,  "  the  State  will 
never  consent  to  the  divorcement  of  any  of  her  institu- 
tion from  her  own  supervision."  States  have  done  so, 
however,  in  rare  instances  for  certain  considerations ; 
but  it  may  reasonably  be  argued  that  it  will  not 
permit  any  Legislature  to  bind  it  against  fostering  the 
University  or  the  college  in  any  way  it  pleases,  and 
purblind  enactments  in  that  direction  will  simply  be 
regarded  as  not  even  morally  binding  upon  succeeding 
Legislatures.  And  just  here  it  may  be  remarked  that, 
until  latterly,  the  State's  appropriations  failed  to  show 
anything  like  justice  to  the  needs  of  the  University  as 
compared  with  the  favors  extended  to  the  college.  Kach 
institution  having  its  own  separate  endowment  there  is 
no  more  reason  for  divorcing  the  one  than  the  other 
from  the  State's  bounty  and  favoring  the  college  to  the 
prejudice  of  the  University,  as  has  sometimes  been  done 
by  appropriations  for  the  college  from  the  University 
funa,  when  the  University  itself  was  in  far  more  neces- 
sitous circumstances  than  the  college. 

FIRST  STEPS   TOWARDS  A    UNIVERSITY. 

The  first  action  of  the  State  apparently  looking  to  an 
early  establishment  of  a  State  University  was  an  act  of 


248  THE  UNIVERSITY  OB^  TEXAS. 

August  30,  I806,  authorizing  the  sale  of  the  University 
lands,  and  anotherof  same  date  requiring  the  Governor 
to  have  the  unlocated  balaiice  of  them  surveyed.  Then 
followed  the  act  of  February  11,  1858,  "An  act  to  estab- 
lish the  University  of  Texas,"  appropriating  for  the 
purpose  $100,000  United  ^States  bonds  then  in  the  State 
treasury  besides  fifty  leagues  of  land,  and  every  tenth 
section  of  the  lands  set  apart  for  railroads.  A  second 
attempt  to  start  a  Universit^^  was  made  during  the  "re- 
construction period"  in  1866,  when  an  act  was  passed 
amendatory  of  the  act  of  1858,  and  also  a  joint  reso- 
lution which  contemplated  the  establishment  of  "two 
universities, "one of  which  was  to  be  styled  the  "East Tex- 
as University."  It  was  the  constitution  of  1876  which 
fixed  the  title  and  purposes  of  the  existing  University, 
declaring  that  "the  Legislature  shall  as  soon  as  practi- 
cable provide  for  the  maintenance,  support  and  direc- 
tion of  a  University  of  the  first  class,  to  be  located  by  a 
vote  of  the  people  of  this  State  and  styled  ''The  Uni- 
versity of  Texas  for  the  promotion  of  literature  and 
the  arts  and  sciences  including  an  agricultural  and 
mechanical  deparptment." 

All  that  was  done  before  the  civil  war  was  doubtless 
with  an  earnest  intention  to  put  the  institution  into 
operation  at  an  early  date.  What  was  done  during  the 
war  seems  to  have  been  for  the  purpose  of  raising 
revenue  for  the  State  for  war  exigencies.  How  the 
University  trust  was  shamefully  abused  by  subsequent 
legislation  retarding  the  organization  of  the  University 
has  already  been  recited,  and  it  remains  only  to  show 
how,  despite  all  obstacles,  it  finally  got  into  operation, 
not  under  the  acts  of  185<S  and  1866,  but  under  the 
provisions  of  the  constitution  of  1876,  abridging,  as  that 
did,  the  landed  donations  to  the  University,  and  the 
act  of  March  30,  188 1,  and  subsequent  legislation  up  to 
the  date  of  its  practical  organization  by  temporary  use  of 
rooms  in  the  capitol  on  September,  1883,  till  the  Uni- 
versity's building  was  sufilciently  completed  for  occu- 
pancy January  1,  1HH4:.  The  obstacles  encountered  up 
to  this  period  and  consequent  retrogression  m  the  work 
of  getting  the  University  into  operation  have  already 
been    fairly    presented.      Further    difficulties   will    be 


THE  UNIVERSITY  OP  TEXAS.  249 

noticed  as  they  occur  in  the  course  of  the  workings 
of  the  institution. 

The  first  million  acres  of  land  donated  by  the  State 
in  addition  to  the  fifty  leagues  set  apart  to  the  Univer- 
sity was  provided  for  in  the  constitution  of  1876  long 
before  the  University  was  established,  but  the  second 
million  was  not  appropriated  till  April  10,  lb83,  some 
time  after  the  institution  was  in  operation;  and  as  but 
little  of  these  two  million  acres  had  been  sold  or  leased 
even  yet  to  produce  a  revenue,  the  University's  available 
resources  were  mainly  from  interest  on  sales  of  the  fifty 
leagues  or  interest  on  bonds  bought  with  the  proceeds, 
and  these  resources,  as  has  been  already  shown,  were 
largely  appropriated  in  advance  for  the  A.  &  M.  College 
before  the  University  was  established. 

LOCATING    THE    UNIVERSITY. 

Austin  was  selected  as  the  location  for  the  University 
by  a  vote  of  the  people  under  the  act  of  March  30, 
18S1,  resulting  in  locating  the  main  establishment,  in- 
cluding the  academic  and  law  departments,  at  Austin, 
-and  the  medical  branch  at  Galveston,  where  the  Medi- 
cal College  will  soon  be  organized;  and  wh.^.t  was 
designated  as  "College  Hill,"  under  the  selection  made 
by  the  Commissioners  of  the  Republic  of  Texas,  was 
naturally  accepted  as  the  site  for  the  buildings  of  the 
parent  institution.  Austin  was  also  chosen  by  a  vote 
of  the  people  of  the  State  for  the  location  of  the  branch 
(not  yet  organized)  for  the  colored  people,  and  the 
Agricultural  and  Mechanical  College  at  Bryan,  already 
in  operation,  under  act  of  the  Congress  of  the  United 
States  of  July  2,  [S62,  for  establishing  agricultural  col- 
leges in  the  several  States,  and  confirmed  by  act  of  the 
State,  April  17,  1871,  accepting  the  federal  grant,  was 
made  a  branch  of  the  University  by  the  State  constitu- 
tion of  1876. 

Thus  were  the  relations  between  the  University  and 
its  several  branches  established. 

There  was  considerable  rivalry  as  to  the  location  of 
the  Uuiversity  and  its  medical  branch,  the  law  of  1881 
requiring  them  to  be  located  separately  if  a  vote  of  the 
people  so  determined.  The  result  of  the  election,  which 


250  THE  UNlVERtilTY   OF  TEXAS. 

was  held  September  6,  1881,  was  that  38,117  votes  were 
cast  in  favor  of  separating  their  locations,  and  18,363 
votes  were  cast  against  that  proposition. 

Austin  and  Tyler  were  the  principal  competitors  for 
the  location  of  the  University,  Austin  receiving  30,913, 
and  Tyler  18,974  votes.  For  the  medical  branch  the 
principal  competitors  were:  Galveston  receiving  29,741, 
and  Houston.  12,586  votes.  So  Austin  was  selected  as 
the  site  for  the  main  University,  and  Galveston  for  the 
medical  branch. 

Among  the  young  men  of  the  State  who  worked 
most  earnestly  in  this  canvass  were  John  T.  Dickinson, 
now  Secretary  of  the  World's  Exposition  at  Chicago, 
and  A.  P.  Wooldridge,  of  the  law  firm  of  Fisher  & 
Wooldriclge,  and  now  President  of  the  ('ity  National 
Bank  of  Austin. 

Hon.  T.  B.  Wheeler,  Lieutenant-Governor  of  Texas, 
and  for  several  years  Mayor  of  Austin*  Col.  Wm.  P. 
Gaines,  of  the  IStatesman,  Hon.  John  Card  well,  late 
Consul  General  to  Egypt,  and  one  of  the  early  editors 
of  that  paper,  and  County  Judge  Fulmore,  always 
manifested  a  warm  interest  in  the  University. 

ADMINISTKATORS  AND  REGENTS. 

In  1866  Governor  Pease  appointed,  as  the  law  then 
required  and  designated  them,  "Ten  Administrators  of 
the  Universitv  of  Texas."  The  appointees  were  ('has. 
S.  West,  Geo.  B.  Erath,  Henry  F.  Gillette,  Wm.  G. 
Webb,  Kobt.  Bechern,  P.  W.  Kittrell,Gustave  Schleich- 
er, Wm.  S.  Glass,  I.  W.  Ferris  and  S  A.  Stockdale. 
The  number  was  subsequently  reduced  to  eight,  and  in 
1872,  Governor  Davis  appointed  as  the  board:  James 
H.  Kaymond.  S.  Mussina,  C.  P.  Johns,  M.  A.  Taylor, 
Hamilton  Stuart,  S.  G.  Newton,  E.  G.  Benners  and  J. 
R.  Morris. 

In  1873  Governor  Davis  appointed  anew  board:  Ed- 
ward Degener,  James  H.  Starr,  A.  H,  Bryant,  Geo.  W. 
Smyth,  James  W.  Talbot,  John  W.  Harris,  Hamilton 
Stuart  and  John  C.  Raymond. 

The  "Board  of  Eight  University  Regents,"  as  the  law 
subsequently  designated  them,  was  the  one  authorized 
by  the  University  act  of  1881.  and  was  appointed  by  Gov- 


THE  UNIVERSITY   OF  TEXAS.  251 

ernor  Roberts  and  confirmed  by  the  Senate  as  follows : 
Thomas  J.  Devine,  James  W.  Throckmorton,  Richard 
B.  Hubbard,  Ashbel  Smith,  James  H.  Starr,  A.  N. 
Edwards,  James  H-  Bell  and  Smith  Ragsdale.  Colonel 
Ashbel  Smtih  was  elected  president  at  the  first  meeting 
of  the  regents  held  November  14,  1881  in  Austin. 

The  gentlemen  who  have  successively  been  appoint- 
ed to  fill  vacancies  in  the  board  as  they  frequently  oc- 
curred by  declination  or  resignation  were :  J.  L.  Camp, 
T.  M.  Harwood,  T.  D.  Wooten,  J.  M.  Boroughs,  Lips- 
comb Norvel,  Wm.  H.  Crawford,  M.  L.  Crawford,  Jas. 
H.  Jones,  A.  T.  McKinney,  E.  J.  Simkins,  George  F. 
Moore.  B.  E.  Hadra,  James  B  Clark,  M.  VV.  Garnett, 
Geo.  T.  Todd,  Seth  Shepherd,  L.  C.  Alexander,  G.  W. 
Brackenridge,  A.  J.  Hose,  T.  C.  Thompson  and  W.  L. 
Prather. 

Agents  to  locate  the  Agricultural  and  Mechanical 
College  appointed  by  Governor  Davis  in  April,  1<S71, 
were:     M.  D.  Lorance,  J.  vj.  Bell,  F.  E.  Grothaus,  Geo. 

B.  Slaughter,  J.  W.  Johnston,  L.  Lindsay,  H.  T.  Down- 
ard  and  J.  AI.  Onins — Mr.  Hamilton  Stuart  being  soon 
after  substituted  for  Mr.  Johnson. 

In  March,  1875,  Governor  Coke  appointed  E.  B. 
Pickett,  Charles  De  Morse,  B.  F.  Graves,  B.  F.  Davis, 

C.  S.  West,  F.  S.  Stockdale,  A.  J.  Peeler  and  T.  M.  Scott 
directors  of  the  college;  and  James  H.  Raymond,  J.  D. 
Giddings  and  Ashbel  Smith  commissioners,  and  G.  B. 
Mitchell  architect,  for  the  Agricultural  and  Mechanical 
College  for  Colored  Youths, 

In  March,  1879,  Governor  Roberts  appointed  E.  B. 
Pickett,  H.  W.  Lyday,  J.  K.  Dixon,  J.  W.  Durant,  A. 
J.  Peeler  and  George  Pfeuffer  as  a  board  of  directors  for 
the  Agricultural  and  Mechanical  College  at  Bryan. 
Mr.  Pfeuffer  was  elected  president  of  the  board. 

The  present  directors  of  the  college,  as  published  in 
the  last  annual  catalogue,  are:  Hon.  A.  J.  Rose,  presi- 
dent, Salado;  Hon.  W.  R.  Cavitt,  Bryan;  Hon.  L.  L. 
Foster,  Commissioner  of  Insurance,  Statistics,  History 
and  Agriculture,  ex  officio,  Austin;  Dr  J.  D  Fields, 
Manor;  Hon.  John  Adriance,  Columbia. 

Mes.srs.  Spencer  Ford  and  James  H.  Raymond,  as  a 
committee  appointed  for  the  purpose,  visited  the  coL 


253  THE  UNIVERSITY  OF  TEXAS. 

lege  and  made  a  report  of  its  affairs  to  Governor  Coke. 
Attorney  General  Clark  also  refers  to  tlie  college  and 
University  in  his  report  to  the  Governor. 

Attorney  General  Boone  made  a  special  report  to 
Governor  Hubbard  as  to  the  effect  of  a  decision  of  the 
United  States  Court  at  Austin  affecting  the  State's  title 
to  the  University  lands  in  McLennan  county. 

Dr.  M.  A.  Taylor,  who  is  one  of  the  wealthiest  men 
of  Austin,  in  the  discharge  of  his  duties  as  a  regent  of 
the  University,  according  to  a  published  sketch  of  him, 
"visited  the  Agricultural  and  Mechanical  College  at 
Br3^an,  as  it  was  then  under  the  supervision  of  the 
University  board,  and  carefully  inspected  the  buildings 
and  premises  as  well  as  the  conduct  of  the  college 
affairs.  With  a  critical  eye  he  scanned  the  construc- 
tion of  each  building  then  being  erected,  and  discovered 
that  the  foundations  of  the  main  college  edifice  were 
insecure.  He  made  a  report  to  the  Governor,  with 
suggestions  which  were  adopted  and  doubtless  saved  the 
State  from  considerable  loss  on  the  college  account. 
The  entire  plans  had  to  be  changed  and  new  ones 
adopted,  as  suggested  by  Col.  J.  Larmour,  an  Austin 
architect. 

"Again  under  the  law,  as  it  then  existed,  the  Univer- 
sity lands,  in  common  with  the  free  school  lands,  were 
on  the  market  at  a  ver}^  low  figure ;  and  no  one  perhaps 
but  a  few  speculators  had  noted  the  fact  that,  with 
railroad  extension  and  consequent  development  of  the 
interior  and  rapid  settlement  of  the  counties,  lands  in 
Texas  had  largely  appreciated  in  value,  and  these  here- 
tofore inaccessible  and  comparatively  worthless  but  now 
desirable  lands  were  being  bought  up  with  avidity. 
Dr.  Taylor,  believing  the  State  was  being  literally 
robbed,  discussed  the  matter  with  Mr.  Harris,  of  Gal- 
veston, and  other  proninent  mcii^bersof  the  Legislature, 
and  succeeded  in  having  a  bill  passed,  which  he  assisted 
in  drafting,  repealing  the  law,  and  thereby  saved  the 
State  large  revenue  accruing  from  the  increased  value 
of  the  lands." — [Daniel's  Types  of  Successful  Men  of 
Texas,  1890. 

Mr.  James  H.  Raymond,  an  Austin  banker,  was  one 


THE  UNIVERSITY  OF  TEXAS.  253 

of  the  committee  who,  with  Dr.  Taylor,  investigated  the 
colJege  buildings  at  Bryan. 

As  t(j  the  early  affairs  of  the  college,  an  ugly  state- 
ment is  current  of  misappropriation  tf  funds  by  some 
of  the  parties  having  charge  of  them  to  purchase 
grounds  for  the  college;  but  as  no  investigation  appears 
to  have  been  made  as  to  the  facts,  it  is  difficult  to  trace 
the  history  of  the  matter. 

THE  FINANCIAL  OUTLOOK. 

The  first  meeting  of  the  University  Regents  was  held 
November  16,  LS81.  At  this  meeting  the  State  Comp- 
troller (Mr.  Brown)  laid  before  the  board  a  succinct 
statement  showing  that  there  would  be  in  the  treasury 
January  1,  lbb3,  belonging  to  the  University: 

Cash    funds  amounting  to ,    $37,024.12 

State    bonds    substituted    for    United 

States  bonds  used  by  the  State    .       134,472.26 

Referring  to  which  and  the  general  condition  of  the 
University's  affairs  the  regents  say:  "It  lurther  ap- 
pears from  the  comptrollers 's  report  that  there  has  been 
an  important  misconception  as  to  the  amount  of  avail- 
able University  funds  on  band.  The  late  comptroller 
(Mr.  Darden)  in  his  report  for  the  year  ending  August 
31,  1^80,  on  the  University  fund,  arrives  at  the  con- 
clusion and  so  states,  that  in  justice  there  should  be 
subject  to  appropriation  by  the  Legislature  as  "avail- 
able University  fund  $1^5,385.27."  The  regents  add: 
'Tiom  these  reports  it  appears  that  instead  of  there  be- 
ing in  the  treasury  at  this  time  $185,385.27  available 
funds  of  the  University,  there  are  only  $37,025.12 
available  and  subject  to  the  order  of  the  board  of  re- 
gents, which  amount  includes  interest  up  to  January 
1,  i^^83." 

This  was  certainly  not  a  very  flattering  exhibit  for 
inaugurating  "a  University  of  the  first  class"  especially 
as  the  $134,472.26  consisted  of  bonds  which  had  been 
"marked  as  bonds  of  doubtful  validity,"  referred  to  by 
Judge  Terrell.  It  is  a  singular  fact  too,  showing  how 
little  regard  had  been  paid  to  the  affairs  of  the  Univer- 
sity, that  its  two  funds  had  been  kept  merged  so  long 
into  one  account,  "University  fund,"  that  it  was  diffi- 


254  THE  UNIVERSITY  OB'  TEXA8. 

cult  to  separate  them,  so  the  regents  could  kno\/  what 
was  the  actual  amount  available  for  the  University. 

Notwithstanding  all  these  difficulties  the  University 
was  finally  established  by  the  erection  of  such  quarters 
as  the  means  at  command  allowed,  trusting  to  its  future 
resources  and  the  liberality  of  the  State  for  its  main- 
tenance. 

THE    MAIN    BUILDING. 

The  University,  as  now  constituted,  occupies  the 
center  of  a  square  of  fort}'^  acres  of  ground  in  the  north- 
ern portion  of  Austin,  and  near  and  in  full  view  of  the 
State's  new  and  magnificent  capitol.  The  site  was  re- 
served for  the  University,  as  already  stated,  by  the  Re- 
public of  Texas  in  1839,  when  Austin  was  selected  as 
the  seat  of  government.  As  yet  there  is  but  one  struc- 
ture upon  the  grounds,  the  main  University  edifice,  the 
west  wing  only  of  which  was  constructed  when  the  in- 
stitution was  first  opened  to  students  in  1883.  * 

The  grand  central  section  was  barely  completed  in 
September.  1889,  at  the  opening  of  the  past  session,  and 
no  certain  provision  has  been  made  for  building  the 
east  wing  on  account  of  other  demands  on  the  Uni- 
versity's resources.  When  this  wing  is  finished  the  en- 
tire structure,  with  furnishing,  will  cost  about  $200,- 
000,  and  will  be  one  of  the  finest  and  most  commodious 
educational  edifices  in  the  South,  if  not  anywhere  in 
the  country.  The  center  is  particularly  beautiful  in  de- 
sign, with  wide  corridors,  high  rotundas,  artistic  towers, 
and  bright,  airy  and  spacious  halls.  The  grand  audi- 
torium and  galleries  will  seat  fully  2,000  persons.  The 
library  hall  is  quite  large — 68x100  feet — and  is  ad- 
mirably lighted  and  ventilated.  The  building  has  been 
constructed  with  reference  to  all  modern  conveniences, 
some  of  which  have  not  yet  been  added  for  want  of 
means.  The  faculty  and  students,  however,  seem  de- 
lighted with  the  spaciousness  of  its  grand  apartments, 


*"  The  grounds  are  being  rapidly  improved  and  ornamented  with  shade 
trees,  walks  and  carriaire  ways.  Due  wing  of  the  University  building,  con- 
taining twenty  lecture-rooms,  has  been  completed,  and  the  regents  design, 
as  soon  as  practicable,  to  finish  the  main  structure,  and  *o  ereft  such  other 
buildings  as  may  bf  necessary  for  the  uses  of  the  University."  (From 
Catalocue— Session  of  1883-'84.) 


THE  UNIVERSITY  OF  TEXAS.  265 

and  the  citizens  of  Texas,  and  Austin  especially,  are  al- 
most as  proud  of  their  University  as  they  are  of  their 
splendid  Capitol. 

In  the  grand  central  building,  which  has  lately  been 
nearly  finished,  there  is  an  immense  library  room  100 
by  70  feet;  and  directly  over  it,  and  of  about  the  same 
dimensions,  is  the  principal  assembly  hall  for  annual 
''commencement"  exercises  and  other  important  public 
occasions.  This  hall  is  provided  with  a  thousand  fold- 
ing chairs  of  opera  pattern,  fixed  in  rows  of  increased 
elevation  on  the  inclined  plane  of  the  floor  and  facing 
the  speaker's  rostrum  at  the  north  end  of  the  hall, 
which  is  entered  from  the  great  rotunda  of  the  chief 
edifice.  A  large  gallery  over  this  entrance,  the  liberal 
space  allowed  for  the  speaker's  platform  and  a  consider- 
able area  left  vacant  for  standing  room  in  the  rear  of 
the  seats,  adnriit  of  a  large  addition  to  the  audience. 
On  either  side  of  the  platform  are  cosy  little  rooms, 
entered  either  from  the  main  aisles  or  the  platform,  and 
affording  full  view  of  the  speakers  and  the  audience, 
intended  for  the  special  accommodation  of  the  Governor 
of  the  State  and  other  distinguished  guests;  and  directly 
over  these  and  easily  reached  are  similar  rooms,  which 
will  serve  as  commanding  perches  of  observation  for 
the  use  of  the  press  representatives.  The  roof  is  a  high 
arched  truss,  and  numerou?  large  windows  extend 
almost  to  the  heighthof  the  walls  and  some  of  them  down 
to  the  floor,  affording  splendid  light  and  ventilation. 
The  model  for  the  entire  structure  was  selected  during 
the  month  of  July,  1882,  from  among  eight  competitive 
plans  presented  by  scientific  architects  from  different 
portions  of  the  State,  and  is  the  work  of  F.  E.  Rufiini, 
of  Austin.  The  west  wing  was  built  by  Col.  A.  H. 
Cook,  an  Austin  contractor.  He  and  Mr.  Ruffini  both 
having  died,  the  plans  for  the  central  structure  were 
somewhat  remodeled  by  Burt  McDonald,  and  the  sec- 
tion was  constructed  in  18-^9  by  his  father,  John  McDon- 
ald, now  mayor  of  Austin. 

[From  The  Houston  Post.] 

The  entire  building  fronts  to  the  south  with  a  length 
from  east  to  west  of  280  feet.     The  debth  from  north  to 


256  THE  UNIVERSITY  OF  TEXAS. 

south  is  149  feet  without  including  measurement  of  the 
porticoes.  The  central  structure  is  48  feet  front  by  95 
feet  deep,  and  each  wing  is  126  feet  long  by  93  feet 
deep.  The  entire  structure  is  four  stories  in  height; 
the  basement  12  feet  high,  first  floor  16  feet,  second  15 
and  third  14  feet.  The  basement  extends  7  feet  above 
the  gi-ade  line,  with  an  area  all  around  so  as  to  afford 
light  and  ventilation. 

The  basement  is  of  stone  and  the  superstructure  walls 
are  of  brick.  The  exterior  walls  are  hollow,  to  prevent 
dampness  entering  the  building,  and  the  entire  exterior 
is  faced  with  pressed  brick.  The  trimmings  to  all  the 
openings  are  of  cut  stone  and  decorative  tiles.  White 
moulded  brick  are  also  used  for  decorations.  The 
cornices  are  of  galvanized  iron,  and  the  steep  parts  of 
the  roof  are  covered  with  slate,  and  the  flat  decks  with 
tin.  The  several  towers  are  of  different  proportions, 
but  all  imposing  and  artistic  in  design  and  beautifully 
ornamented  witii  varicolored  slate  and  wooden  mold- 
ings. The  building  when  completed  will  be  practically 
fire  proof,  by  means  of  double  floors,  bedded  between 
with  mortar  and  the  use  of  iron  lathing  for  all  ceilings. 
The  entrance  porticoes  are  of  stone  with  cast  iron  rail- 
ings and  supports,  and  the  floors  of  the  halls  are  laid 
with  encaustic  and  marble  tilings  of  varied  patterns. 
All  the  halls  and  rooms  are  wainscoted  to  protect  the 
plastering.  Especial  care  has  been  taken  to  perfect  the 
lighting  in  every  department,  and  to  have  the  light 
enter  the  lecture  and  recitation  rooms  over  the  student's 
left  shoulder  as  he  sits  facing  the  professor,  whose  plat- 
form is  slightly  elevated  against  a  solid  blank  wall  un- 
broken by  doors  or  windows. 

I)ouble  ventilation  flues  are  introduced  for  counter 
circulation  to  keep  the  air  pure  and  fresh  both  ways, 
while  a  complete  system  of  steam  heating  supplies  ample 
warmth  during  the  cold  season.  Provision  is  made  for 
gas-light  or  electric  lighting  of  the  whole  building, 
which  is  supplied  witli  ample  sewerage  and  water  fa- 
cilities, and  other  conveniences.  An  elevator  for  access  to 
the  higher  apartments  is  provided  for,  but  has  not  yet 
been  introduced,  but  should  be  at  once,  as  a  special  de- 
sideratum for  the  lady  students. 


THE  UNIVERSITY  OF  TEXAS.  257 

The  exterior  appearance  of  the  structure  is  very  im- 
posing. The  center  building  is  higher  than  the  wings 
and  is  topped  with  a  mansard  roof,  the  highest  point 
of  which  is  seventy  six  feet  from  the  ground.  In  the 
front  is  the  main  entrance,  portico  and  porte  cochere, 
through  which  one  enters  the  chief  vestibule  in  the 
main  tower,  which  has  a  total  height  of  140  feet  from 
the  basement.  In  the  top  stor}-  of  this  tower  will  be 
placed  an  immense  clock  faced  on  four  sides,  to  be  run 
by  electricity,  and  sounding  the  hours  to  regulate  reci- 
tations and  other  exercises.  The  wings  will  be  similar 
in  design,  each  having  an  entrance  portico  and  a  tower, 
the  top  of  Avhich  will  be  100  feet  higher  than  the  first 
floor  of  the  building.  The  effect  of  the  entire  build- 
ing when  fully  completed  will  be  at  once  grand,  and 
it  will  compose  a  fitting  monument  to  remind  coming 
posterity  of  the  high  estimate  placed  upon  education 
by  the  founders  of  our  great  State. 

The  interior  arrangements  are  almost  perfect,  scien- 
tifically combining  convenience  of  communication  be- 
tween the  different  departments  with  economy  of  ad- 
justment, and  so  locating  the  several  classes  that  kin- 
dred branches  join  each  other  and  are  grouped  in  the 
different  wings.  The  building  is  cut  through  the 
center  from  south  to  north  by  a  corridor  sixteen  feet 
wide,  which  is  crossed  by  another  corridor  fourteen  feet 
in  width,  connecting  the  east  and  west  entrances,  thus 
obtaining  four  main  entrances,  while  a  cross  hall  sep- 
arates the  north  projection  from  the  main  building,  and 
provides  two  more  entrances.  A  dressing  room,  where 
young  ladies  can  arrange  their  toilets  and  place  their 
cloaks  and  bonnets,  is  provided.  In  the  center  build- 
ing are  located  the  meeting  room  of  the  Board  of 
Regents  and  Secretary's  office,  to  which  a  fire-proof 
vault  is  attached;  also,  the  faculty  room  and  chair- 
man's private  office  and  reception  parlor.  In  this 
building  also  are  a  number  of  professors'  studies,  cloak 
rooms,  the  two  grand  stairways  to  the  upper  floors,  and 
rotunda  galleries.  The  wings  are  similar  in  plan,  hav- 
ing each  an  entrance  hall,  vestibule,  cloak  rooms,  pro- 
fessors' rooms,  and    five  large  lecture  rooms   on  each 


:2o8  THE  UNIVERSITY  OF  TEXAS. 

floor.  Ample  provision  is  made  for  rooms  for  the  law 
schools,  and  the  chemical,  physical,  geological  and 
other  branches  of  the  academic  departments,  and  for 
the  literary  societies  of  the  University. 

There  are  nine  lecture  rooms  and  thirty  class  rooms, 
besides  the  chapel  and  literary  society  rooms — alto- 
gether fifty  rooms  in  the  entire  building. 

INAUGURAL  EXERCISES  AT  AUSTIN. 

The  acedemic  and  law  departments  having  been  or- 
ganized under  authority  of  the  regents,  the  University 
was  formally  opened  in  the  main  University  building 
then  still  incomplete,  in  which  the  public  inaugural 
exercises  were  held  September  15,  1883,  in  presence  of 
a  large  and  delighted  audience  of  citizens  of  Austin 
and  other  parts  of  the  State.  As  on  the  occasion  of  the 
laying  of  the  corner  stone  November  17,  1882,  Hon. 
Ashbel  Smith,  first  president  of  the  regents,  was  the 
principal  speaker,  and  was  followed  in  addresses  by  Dr. 
Mallet,  chairman  of  the  faculty.  Governor  Ireland  and 
others. 

Colonel  Smith  i-eviewed  the  facts  in  the  history  of 
the  University,  and  elaborately  pictured  the  advantages 
to  be  derived  from  the  establishment  of  so  important  a 
State  institution.  Prof.  Mallet  briefly  responded  on 
behalf  of  himself  and  associates  of  the  faculty  in  ac- 
cepting the  duties  imposed  on  them,  and  in  the  course 
of  his  remarks  took  occasion  to  add:  "During  the 
fifteen  years  I  was  associated  with  the  University  of 
Virginia,  one  of  the  oldest  of  the  old  States,  no  brighter 
minds,  nor  more  upright  characters  came  there  than 
those  from  the  new  state  of  Texas." 

Governor  Ireland  welcomed  the  faculty  to  their  new 
duties,  alluding  to  the  splendid  reputations  they  bore, 
and  adding:  "To  you  is  intrusted  the  high  and  sacred 
duty  of  moulding  the  young  intellects  of  the  students 
of  the  University  for  the  battle  of  life.  A  false  step, 
the  neglect  of  some  small  duty  on  your  part,  may  prove 
the  ruin  of  one  of  these  young  men  or  women." 

His  address  concluded  as  follows:  "Ladies  and  gen- 
tlemen, I  congratulate  you  and  all  the  people  of  the 
State   of  Texas  on    this   consummation   of  the  event 


THE  UNIVERSITY  OF  TEXAS.  359 

looked  to  by  the  Congress  of  the  Republic  of  Texas 
forty-four  years  ago,  and  if  those  of  our  descendants 
who  may  stand  here  forty-four  years  hence,  shall  feel 
that  we  have  done  as  much  for  them  as  our  fathers  did 
for  us,  the  contemplation  of  such  a  future  should  cause 
us  to  rise  to  the  full  measure  of  our  manhood  in  this 
enterprise.  So  far  as  the  present  executive  is  concern- 
ed, tiie  University  shall  have  his  earnest  support,  and 
he  here  now  pledges  to  the  faculty  and  the  board  of 
regents  and  to  these  young  ladies  and  gentlemen  the 
discharge  of  every  duty  that  his  trust  imposes  upon 
him,  hoping,  at  the  same  time,  that  the  multitude  of 
children  in  the  ^State  to  whom  we  owe  an  education 
may  have  no  just  grounds  for  complaint  against  those 
who  control  the  destinies  of  this  institution." 

A  new  feature  was  introduced  in  the  exercises  by  the 
presentation  of  a  bust  of  ex-Governor  Roberts,  now  one 
of  the  law  professors  of  the  University,  which  was  made 
and  presented  by  Miss  Elizabeth  Ney,  grand  daughter 
of  Marshal  Ney,  of  France.  The  presentation  was 
made  on  behalf  of  Miss  Ney  by  Mr.  Dudley  G.  Wooten, 
who  beautifully  alluded  to  it  as  "the  work  of  a  woman 
of  genius  and  a  fitting  tribute  for  the  University  to 
preserve  to  perpetuate  the  memory  of  one  of  the  greatest 
patriots  and  statesmen  of  Texas."  It  was  accepted  in 
appropriate  terms  on  behalf  of  the  University  by  Col. 
Seth  kShepherd,  one  of  the  University  regents.  Governor 
Roberts  was  called  on,  and  as  he  rose  to  respond  was 
enthusiastically  greeted.  He  said  he  could  have  wished 
to  have  been  absent  from  a  scene  so  personal  to  himself, 
but,  as  had  always  been  his  custom,  he  was  at  his  post 
of  duty.  He  desired  to  add  that  "if  he  could  now,  in 
the  evening  of  his  life,  do  anything  to  build  up  this 
great  institution,  he  will  have  consummated  the  highest 
aspiration  of  his  manhood." 

Among  those  present  on  the  platform  or  in  the 
audience  were  Chief  Justice  Willie,  Judges  Fulmore, 
Rector,  Walker  and  White,  State  .  Senator  Terrell, 
Speaker  Gibson  and  Representatives  Smith  and  John- 
son, Judge  Turner,  Judge  Delaney,  Hon.  George  T. 
Finlay  of  Galveston,  Judge  Glasscock  of  Georgetown, 
Drs.    Denton,    Rainey,    Grant   and    Swearingen,   State 


260  THE  UNIVERSITY  OF  TEXAS. 

Superintendent  of  Instruction  Baker,  City  School 
Superintendent  Winn,  Secretary  of  State  Baines,  State 
Comptroller  bwain,  Adjutant  General  King,  Attorney 
General  Templeton,  Hon.  Swante  Palm,  Swedish  Consul, 
Col.  J.  A.  Morphis,  author  of  History  of  Texas,  Col.  J. 
L.  Driskill,  Capt.  J.  Nalle,  Capt.  T.  P.  Sneed,  Major  J. 
T.  Brackenridge,  Gen.  Williara  Hardeman,  Judge  A.  T. 
Watts,  Gen.  A.  S.  Roberts,  Capt.  M.  D.  Mather,  Judge 
Joseph  Lee,  Capt  T.  P.  Watson,  Col.  Ira  H.  Evans,  Dr. 
K.  J.  Brackenridge,  Judge  Wm.  Branilette,  Capt.  H.  D. 
Patrick,  Charles  S.  Morse,  Clerk  of  the  Supreme  Court, 
Gen.  Adam  R.  Johnson  and  Col.  F.  H.  Holloway  of 
Burnet,  Capt.  R.  L.  Hood,  Judge  J.  H.  Burts,  Judge  A. 
M.  Jackson,  Judge  J.  D.  Sheeks,  Dr.  J.  J.  Tobin,  Prof. 
J.  Bickler,  Capt,  A.  Faulkner  and  Judge  W.  P.  Hamblen 
of  Houston,  Col.  Charles  Dillingham  of  New  Orleans, 
Capt.  F.  B.  Chilton  and  Col.  L.  A.  Ellis  of  Richmond, 
Judge  Gustav  Cook  and  E.  T.  Dumble  of  Houston,  Col. 
Henry  Gillum  and  Mr.  Frank  Grice,  editor  of  the  San 
Antonio  Express,  Col.  R.  G.  Lowe  of  the  Galveston 
News,  Joseph  Huey  of  Corsicana,  Col.  Abner  Taylor  of 
Chicago,  Judge  Paul  Thornton,  of  Missouri,  Col.  T.  R. 
Bonner  of  Tyler,  Capt.  B.  F.  Yoakum  and  Col.  John 
Withers  of  San  Antonio,  Paul  Furst  of  Dallas,  Dr.  W. 
J.  Mathis,  Col.  C.  M.  Rogers  of  iNueces,  Capt.  J.  C.  Pray, 
Major  W.  M.  Walton,  Capt.  M.  H..  McLauren,  Col.  N.  L. 
Norton,  Frank  Doremus  of  Galveston,  Capt.  John  O. 
Johnson,  J.  H.  Warmouth,  J.  C.  Boak,  J.  H.  Robinson, 
J.M.  Boroughs,  J.  L.  Hume,  J.  M.  Day,W.  H.  Tobin,  A. 
H.Graham,  Ike  K.Davis, Geo.  Warren,  R.M.Castleman, 
J.  A.  Nagle,  J.  S.  Myrick,  J.  K.  Dunbar,  H.  Hutchings. 
H.  E.  Shelley,  B.  S.  Pillow,  W.  H.  Huddle,  C.  H  Dan- 
iel, John  K.  Donnan,  W.  S.  Carothers,  A.  F.  Robins, 
Walter  Tips,  J.  B.  Lubbock,  George  L.  Robertson,  J.  E. 
Wildbahn,  E.  J.  Hamner,  W.  B.  Dunhan,  A.  N.  Leit- 
naker,  J.  B.  Kirk,  P.  J.  Lawless,  Charles  A.  Newning, 
B.  R.  Warner,  P.  R.  De  Lashmut,  Thomas  Helm,  C.  H. 
Huppertz,  C.  H.  ^illiman,  James  Ford,  R.  J.  Hill,  Ike 
T.  Pryor,  F.  M,  Rundel,  E.  B.  Connell,  W.  Y.  Chinn, 
Dr.  G.  N.  Beaumont,  Capt.  W.  F.  North,  Col.  E.  Saun- 
ders, Col.  R.  Rutherford,  Col.  J.  M.  Swisher,  Capt.  A. 
E.  Habicht,  Capt.  J.  H.  Collett,  A.  Deffenbaugh,  Frank 


THE  UNIVERSITY  OF  TEXAS.  261 

Maddox,  R.  M.  Thomson,  John  Wayland,  A.  Williams, 
T.  W.  Folts,  H.  L.  Guenther,  W.  D.  Moore,  Em  S. 
Hughes,  George  A.  Burke,  J.  Phillips,  C.  E.  Anderson, 
J.  G.  Palm,  B.  J.  Kopperl,  George  Criser,  J.  B.  Goff, 
C.  G.  Caldwell,  Frank  Brown,  T.  A.  Thomson,  George 
A.  Wheatley,  H.  H.  Holland,  George  P.  Warner,  Wm. 
Bo  wen,  James  Martin,  George  A.  Brush,  W.  W.  Wood, 
H.  Hirshfield,  T.  J.  Campbell,  James  P.  Hart,  W.  B. 
Smith,  A.  L.  Teagarden,  H.  R.  Marks,  G.  P.  James,  E. 
E.  Bane,  M.  W.  Townsend,  W.  M.  Milby,  W.  H.  Fire- 
baugh,  Wm.  Von  Rosenberg,  Revs.  Goodwyn,  How- 
ard, Lee,  Wright,  irrhapard,  Smoot,  Poindexter  and 
Whipple;  also  Messrs.  Cardwell  and  Gaines  of  the 
Austin  Statesman,  and  a  number  of  special  correspond- 
ents, representing  the  San  Antonio  Express^  Houston 
Post,  Galveston  A^ews,  Fort  Worth  Gazette,  Dallas 
Herald,  Waco  Examiner  and  other  State  papers;  also 
correspondents  for  the  New  Orleans  Picayune,  New 
Orleans  Times^ Democrat^  New  Orleans  States,  St.  Louis 
Globe- Democrat,  St.  Louis  Republican,  Chicago  Times, 
Chicago  Iribune,  New  York  Herald,  New  York  World 
and  other  northern  journals. 

The  faculty  and  regents  of  the  University  were  all 
seated  on  the  platform. 

The  writers  of  the  btate  press,  and  local  correspond- 
ents at  Austin,  though  some  of  them  were  at  times 
quite  critical  in  their  notices  of  the  University,  have 
been  generally  friendly  to  the  institution,  including 
Messrs.  Wm.  M.  Spence,  A.  A.  McBryde,  and  Thos.  H. 
Wheless,  representing  at  different  times  the  Austin 
Statesman;  J.  E.  Thornton  and  Wm.  M  O'Leary,  of  the 
Galveston  News,  and  the  Dallas  News;  E.  G  Senter,  of 
the  Fort  Worth  Gazette;  R.  M.  Johnston,  of  the  Houston 
Post;  H.  S.  Canfield,  W.  A.  Bowen,  and  J.  J.  Lane,  of 
the  San  Antonio  Express,  and  Sam  H.  Dixon  and  John 
T.  Dickinson  in  occasional  articles  contributed  by  them 
for  different  papers.  Some  of  these  gentlemen,  regard- 
ing the  University  as  purely  an  educational  rather  tlian 
a  political  institution  of  the  State,  about  which  there 
should  be  no  secrecy  from  the  public  as  to  its  adminis- 
tration, severely  censured  the  practice  of  executive 
sessions  of  the  University  regents. 


262  THE  UNIVERSITY  OP  TEXAS. 

Messrs.  John  Cardwell,  Wm.  P.  Gaines,  Wm.  R. 
Hamby  and  Peyton  Brown,  as  proprietors  for  different 
periods  of  the  local  paper,  the  Statesman,  were  noted 
for  the  influence  they  exerted  through  the  paper  on  the 
University's  behalf  Col.  Miller,  while  editing  the  same 
paper,  and  Col.  Bartow  as  also  editor  at  different  times 
of  the  Statesman  and  the  Waco  Examiner  did  the  Uni- 
versity some  service  through  the  medium  of  those  jour- 
nals. The  University  has  also  received  notices,  more 
or  less  favorable  or  critical,  but  most  of  them  kindly 
intended,  in  the  columns  of  the  Dallas  Herald,  Waco 
Day,  San  Antonio  Times,  ^an  Antonio  Light,  Houston 
Age,  Austin  German  Gazette,  Austin  Dispatch,  Austin 
Globe,  Austin  Gapitolian,  and  numerous  country  papers 
of  the  State.  On  account  of  the  comparative  recent 
organization  of  the  University  it  has  not  till  late  years 
attracted  much  attention  from  outside  journals. 

General  Hamby,  as  a  member  of  the  Legislature,  as 
well  as  editor  of  the  Statesman,  and  Messrs.  E.  T.  Moore, 
Felix  Smith,  L.  B.  Johnson  and  Emory  Smith,  as  the  local 
representatives  of  the  Austin  district  during  different 
sessions  of  the  Legislature,  and  Hons.  A.  W.  Terrell 
and  George  W.  Glasscock,  senators  for  the  district, 
were  all  active  in  its  interest — Mr.  Emory  Smith  not 
so  much,  perhaps,  as  the  others  on  account  of  his  posi- 
tion as  an  executive  officer  of  the  Grangers  and  Farmers' 
Alliance,  who  were  generally  more  favorably  inclined 
to  the  A.  and  M.  College  than  to  the  University. 

Col.  E.  J.  Simkins,  btate  Senator,  and  Hon.  George 
T.  Todd,  formerly  a  member  of  the  Legislature,  and 
both  University  regents,  have  been  largely  instrumental 
in  defending  the  interests  of  the  University  in  the  halls 
of  legislation.  It  v/as  mainly  through  the  instrument- 
ality of  Colonel  Simkins,  but  actively  aided  by  Senator 
Armistead  and  Representative  Fludgins,  that  the  State 
loan  of  $125,000  to  the  University,  which  has  been 
several  times  referred  to  in  its  legislative  history,  was 
secured.  It  is  proper  also  to  add  that  Representative 
Prendergast  suggested  the  loan  as  a  compromise  of  the 
conflicting  demands  of  the  college  and  University, 
which  Colonel  Simkins,  as  a  senator  and  regent,  gladly 
accepted  in  the  interests  of  the  Universit3^     This  was 


THE  UMVEKSITY  OF  TEXAS.  -ZQS 

following  a  remarkable  fight  during  a  previous  session 
of  the  Legislature,  led  by  Senator  Pfeuffer  in  committee 
meeting,  as  chairman  of  the  committee  on  education, 
at  which  Judge  Terrell  and  several  members  of  the 
board  of  regents  were  present  and  ably  contended  for 
the  rights  of  the  University.  Messrs.  Shepherd,  Sim- 
kins,  Wooten,  Todd  and  I£arwood,and  Secretary  Wool- 
dridge  of  the  board,  were  there.  Judge  Terrell  made  a 
powerful  appeal  to  the  committee,  and  Regent  Shepherd 
fairly  dephlogisticated  the  opposition  by  his  withering 
rebuke  to  those  who  aimed  to  foster  the  college  at  any 
sacrifice  to  the  University,  graphically  demonstrating 
not  onl}^  the  impolicy  but  the  cruelty  and  ignominy  of 
attempting  by  such  means  as  had  been  proposed  in  and 
out  of  the  Legislature  to  build  up  the  Agricultural,  and 
Mechanical  College  branch  while  destroying  the  main 
University  structure.  Chairman  Pfeuffer  was  appar- 
ently so  wilted  by  the  force  with  which  the  opposition 
was  downed  that  he  made  little  or  no  reply,  till,  at  the 
last  day  of  the  legislative  session,  when,  rising  to  a 
que'ition  of  privilege,  he  had  spread  upon  the  Senate 
journal  the  remarkable  satire  as  to  the  college  and 
University  referred  to  in  the  first  chapter  of  this  book. 
Drs.  Smith  and  M^ooten,  as  successive  presidents  of  the 
board  of  regents,  were  always  alert  and  indefatigable  in 
protecting  the  University's  interests.  All  the  legents, 
in  fact,  while  perhaps  making  some  mistakes  as  a  body, 
have  been  generally  efficient  and  personally  devoted  in 
the  discharge  of  their  official  duties. 

Col.  Brackenridge,  on  account  of  his  experience  and 
practical  suggestions  as  a  successful  business  man,  has 
been  partiularly  serviceable  as  a  member  of  the  board. 

Hon.  K.  M.  Hall,  State  Land  Commissioner,  and  Mr. 
R.  Lawrence,  formerly  secretary  of  the  land  board,  and 
now  one  of  the  chief  clerks  in  the  State  land  office,  have 
latterly  given  the  matter  of  leasing  of  the  University 
lands  important  attention,  and  the  prospects  are  that 
large  quantities  of  them  will  be  leased  before  tJie  close 
of  the  present  year.  Quite  recently  application  was 
received  at  the  State  land  office  to  lease  half  a  million 
acres  of  University  lands,  at  three  cents  per  acre,  whicli 
Avill   increase  the  revenues  $15,000  per  annum.      The 


264  THE  UNIVERSITY  OF  TEXAS. 

A.  and  M.  College  branch  of  the  University  is  also  in 
luck,  the  Governor  lately  having  notice  from  Wash- 
ington that  $15,000  has  been  sot  apart  for  that  institu- 
tion out  of  the  appropriation  by  the  last  congress  for 
the  support  of  agricultural  and  mechanical  colleges.'^' 

The  government  of  the  University  had  been  vested 
in  a  board  of  eight  regents,  appointed  by  the  Governor 
from  different  parts  of  the  State,  to  hold  office  for  eight 
years,  and  then  comprised  the  following  members: 
Ashbel  Smith  (president)  of  Harris  county,  T.  M. 
Harwood  of  Gonzales  county,  George  T.  Todd  of  Ma- 
rion county,  Thos.  D.  Wooten  of  Travis  county,  James 

B.  Clark  ot  Fannin  county,  Seth  Shepherd  of  Galveston 
county,  and  B.  E.  Hadra  of  Bexar  "county.  Owing 
subsequently  to  the  death  of  Colonel  Smith  and  other 
changes,  the  board  as  now  constituted  is  as  follows: 
Thomas  D.  Wooten  (president)  and  Seth  Shepherd 
(terms  expiring  January  1,  1892),  T.  C.  Thompson  of 
Galveston  and  Wm.  L.  Prather  of  McLennan  (January, 
1893),  T.  M.  Harwood  and  E.  J.  Simkins  (January, 
1895),  and  George  T.  Todd  and  George  W.  Bracken- 
ridge  of  Bexar  (January,  1897) ;  secretary  of  the  board, 
A.  P.  Wooldridge  of  Austin. 

Mr.  Wooldridge,  who  is  now  president  of  the  City 
National  Bank,  was  one  of  the  most  earnest  and  efficient 
workers  in  getting  the  University  into  operation,  labor- 
ing assiduously,  not  only  in  every  general  effort  before 
the  people  and  the  Legislature,  but  in  all  the  details 
essential  to  success. 

The  members  of  the  faculty  were  Profs.  J.  W.  Mallet 
(chairman),  Leslie  W^aggener,  R.  L.  Dabney,  M.  W. 
Humphreys,  William  LeRoy  Brown  and  H.  Tallichet, 
of  the  academic  department,  and  O.  M.  Roberts  and 
R.  S.  Gould,  of  the  law  department. 


*  The  University  has  8trong  friends  in  the  present  Legislature  (the 
Twenty-second)  in  the  local  representatives,  Senator  Glasseook,  and 
Judge  Tevell  of  the  House,  and  other  members,  includino;  Representa- 
tives N.  A.  Dawson  of  Travis,  Geo.  C.  O'Brien  of  Jefferson,  .J.  M.  Mel- 
son  of  Hopkins,  Lee  Riddle  of  Hoojd.  T.  O.  Martin  of  Wis?,  J.  H.  Kirk- 
patriek  of  Wise,  R.  B.  Hood  of  barker  H.  G.King  of  Burleson,  R. 
L.  Batts  of  Baptrop,  F.  R.  Graves  of  Kerr,  the  las-t  named  ten  gen- 
tlemen having  been  either  students  or  graduates  of  the  University. 


THE  UNIVERSITY  OF  TEXAS.  265 

bkief  sketch  of  the  university. 

The  following  sketch,  from  the  Houston  Post  of 
September  16,  1883,  gives  a  condensed  view  of  the 
history  of  the  University  up  to  that  time: 

".Scarcely  had  the  smoke  of  the  last  great  battle 
died  away  which  ended  the  war  that  made  Texas  free, 
when  a  bill  was  introduced  in  the  Texas  Congress,  dur- 
ing General  Sam  Houston's  first  term  as  President  of 
the  Republic,  in  1838,  to  establish  the  '  Texas  Univer- 
sity.' At  the  succeeding  session,  in  1839,  the  bill 
passed  and  was  signed  by  President  Lamar,  who  had 
become  the  head  of  the  government.  This  bill  set 
apart  fifty  leagues,  or  231,400  acres,  of  the  public  do- 
main for  the  establishment  of  two  colleges  or  universi- 
ties, one  in  the  east  and  another  in  the  west.  In  the 
act  providing  for  the  location  of  the  State  capital, 
passed  about  the  same  time,  it  was  required  that  Uni- 
versity grounds  should  be  reserved  in  the  plan  of  the 
city.  Under  that  act  the  beautiful  site  in  Austin  was 
reserved  and  stood  unoccupied  for  forty  years,  held 
sacredly  for  the  purpose  named  by  the  fathers.  The 
fifty  leagues  of  land  were  surveyed  and  set  apart,  and 
have  been  so  applied. 

Time  passed  on  and  Texas  became  a  member  of  the 
sisterhood  of  states  and  the  grand  idea  of  a  University, 
as  conceived  by  the  heroes  of  Texas  independence,  was 
still  retained  by  the  people  under  a  different  form  of 
government.  In  1858  the  Legislautre,  seemingly  aban- 
doning the  original  intention  of  two  Universities,  pass- 
ed a  law  providing  for  the  establishment  of  "The  Uni- 
versity of  Texas."  This  law  gave  the  University 
$100,000  in  bonds  of  the  United  States  then  owned  and 
held  by  the  State,  and  also  provided  that  one-tenth  of 
the  sections  of  the  public  lands  surveyed  and  set  apart 
for  the  common  school  fund,  in  connection  with  the 
donations  for  railroads  should  be  reserved  for  the 
University  the  bonds  named  became  the  property  of 
the  University,  but  the  other  provisions  of  the  law 
were  never  carried  into  effect. 

The  constitutional  convention  of  1875  which  gave 
to  us  the  organic  law  under  which  we  now  live,  took 


266  THE   QNIVERSITY   OF  TEXAS. 

the  mattf^r  in  hand.  The  convention  disregarded  the 
law  which  had  ah-eady  donated  the  every  tenth  sec- 
tions to  the  University  and  gave  those  tenth  sections  to 
the  common  school  fund.  As  if  in  some  degree  to 
atone  for  this,  the  convention  required  the  Legislature 
to  have  set  apart  1,000,000  acres  of  land  to  the  Univer- 
sity, which  requirement  was  carried  out  by  the  general 
assembly  in  1879.  The  lands  taken  from  the  Univer- 
sity, however,  and  turned  over  to  the  common  schools 
by  the  predominating  ruta  baga  influence  in  the'con- 
vention,  amounted  to  something  near  1,800,000  acres. 
Thus  it  will  be  seen  that  the  University  was  robbed  of 
what  was  fairly  its  own,  and  this  fact  caused  an  effort 
to  be  made  in  the  Legislature  in  1881  to  set  apart  to 
the  University  2,000,000  acres  out  of  the  land  reserved 
to  pay  the  public  debt.  This  effort  failed,  though 
urged  very  strenuously  by  some  of  the  ablest  men  in 
the  ^Seventeenth  Legislature,  and  notwithstanding  the 
fairness  and  justice  of  the  demand.  Then  it  was  that 
friends  of  the  University  having  met  defeat  in  the  leg- 
islative halls,  because  of  a  silly  prejudice  against  what 
was  termed  "the  rich  man's  school,"  prosecuted  their 
appeal  to  a  different  tribunal,  that  of  the  people,  and 
the  Galvestion  convention  of  1882  pronounced  imme- 
diately in  favor  of  a  more  liberal  donation  to  the  insti- 
tution. The  enunciation  from  the  people's  delegates 
and  representatives  was  in  part  respected  by  the  Eigh- 
teenth Legislature  by  the  donation  of  1,000,000  acres 
of  land. 

The  history  of  this  latter  grant  is  well  known.  The 
bill  passed  the  Senate  after  a  gallant  fight  for  it  led  by 
the  distinguished  senator  from  Travis,  Hon.  A.  W. 
Terrell,  and  went  into  the  House.  Here  the  real  oppo- 
sition was  developed,  and  the  anti-University  men  be- 
gan preparations  for  the  funeral  of  the  bill.  Just  at 
this  critical  moment  Hon.  J.  E.  Hill  of  Polk  county, 
came  to  the  rescue,  and  b}^  an  adroit  movement  saved 
the  measure.  He  offered  an  amendment  to  the  bill 
providing  for  a  donation  of  like  number  of  acres  to  the 
common  school  fund.  This  captured  the  opposition, 
because  to  vote  now  against  the  billAvas  to  vote  against 


THE  UNIVERSITY   OP  TEXAS.  267 

a  free  school  appropriation.  This  ruse  was  successful, 
the  opposition  melted  away  sufficiently  to  allow  the 
bill  to  pass,  and  at  least  partial  restitution  to  the  Uni- 
versity was  accomplished. 

There  being  some  question  as  to  whether  or  not 
Austin  was  properly  the  location  of  the  University  by 
simple  virtue  of  the  law  reserving  grounds  here  for 
such  location,  the  Seventeenth  Legislature  in  1881 
solved  the  question  by  submitting  it  to  a  vote  of  the 
people.  This  election  was  held  at  the  end  of  a  most 
vigorous  and  thorough  canvass  on  the  6th  day  of  Sep- 
tember, l8^1.  Following  is  the  vote  polled  for  each 
regularly  nominated  location.  For  the  main  Univer- 
sity: Austin  ;J0,913;  Waco  9,709;  Tyler  18,974;  Thorp 
Springs  3,217;  Lampasas  2,829;  Williams' Ranch  21; 
Albany  19;  Graham  208;  Matagorda  17;  Caddo  Grove 
570.  For  medical  branch :  Galveston  20,741;  Hous- 
ton 12,586;  Austin  904;  Waco  199 ;  Tyler  4,  Scatter- 
ing 110.  By  this  election  Austin  was  selected  as  the 
location  for  the  main  University,  thus  perpetuating 
''poetic  justice,"  as  the  Travis  Senator  once  inspiring- 
ly  remarked,  and  Galveston  was  given  the  medical 
branch. 

The  law  providing  for  the  organization  of  the  Uni- 
versity was  passed  by  the  Seventeenth  Legislature  in 
March  1881,  and  provides  for  the  carr3riDg  on  of  the  in- 
stitution as  well  as  rules  governing  the  board  of  regents. 
Under  this  law  the  first  board  of  regents  was  named  by 
Governor  Roberts  during  the  summer  of  that  year,  and 
shortly  after  the  members  met  at  Houston  and  organ- 
ized, electing  Dr.  Ashbel  Smith  of  Harris  county,  pres- 
ident of  the  board.  The  personnel  of  the  board  has 
changed  considerably  since  its  first  organization  by 
resignations  and  new  appoinments.  The  duties  of  this 
board  are  numerous  and  exceedingly  discretionary,  but 
the  members  are  always  amenable  to  the  State  through 
the  Governor,  the  latter  having  the  right  to  change 
the  membership  whenever  he  tjhinks  a  change  necessary. 
The  entire  direction  of  affairs  is  in  the  hands  of  the 
board,  and  the  board  will  formulate  from  time  to  time 
regulations  governing  the  faculty." 


268  THE  UNIVERSITY  OP  TEXAS. 

THE    FIRST    UNIVERSITY    FACULTY. 

Eight  chairs  have  been  filled  as  follows: 
Professor  J.  W.  Mallet,  A.  M.,  :\1.  D.,  LL.  D.,  Ph. 
D.,  F.  R.  S.  School  of  Chemistry,  and  in  charge  of 
School  of  Physics.  Professor  Mallett  was  born  in 
England,  but  became  a  citizen  of  this  country  years 
before  the  late  war.  During  the  war  he  held  the  rank 
of  colonel  in  the  southerii  army.  At  one  time  he  was 
chemist  to  the  State  Geological  Seminary  of  Alabama. 
Subsequently  he  was  professor  of  chemistry  in  the 
University  of  Alabama  and  in  the  medical  department 
of  the  University  of  Louisiana.  For  the  past  fifteen 
years  he  has  filled  the  chair  of  chemistry  in  the  Uni- 
versity of  Virginia.  At  the  formal  and  permanent 
organization  of  the  faculty  he  was  elected  chairman, 
which  position  is  j^ractically  president  of  the  Uni- 
versity. 

Professor  William  LeRoy  Broun,  A.  M.,  LL.  D., 
School  of  Mathematics.  Professor  Broun  is  a  native 
Virginian,  and  received  the  degree  of  Master  of  Arts 
in  the  University  of  Virginia  in  1850,  and  was  ap- 
pointed Professor  of  Mathematics  in  the  University  of 
Georgia.  He  served  in  the  southern  army  during  the 
war  as  colonel  in  the  ordnance  department.  After  the 
war  he  was  Professor  of  Physics  and  Astronomy  in  the 
University  of  Georgia  for  nine  years,  and  President  of 
the  State  College.  He  received  the  honorary  degree  of 
LL.  D.  from  St.  John's  College,  Indianapolis,  Ind.,  in 
1873.  He  was  Professor  of  Mathematics  in  the  Van- 
derbilt  University,  at  Nashville,  for  seven  years,  and 
president  one  year  of  the  Agricultural  and  Mechanical 
College  of  Alabama. 

Prof.  Milton  W.  Humphreys,  A.  M.,  LL.  D.,  Ph.  D., 
School  of  Ancient  Languages.  Professor  Humphreys 
was  born  in  what  is  now  West  Virginia,  and  in  1869 
received  the  degree  of  Master  of  Arts  at  the  Washington 
and  Lee  University.  He  received  the  degree  of  Ph.  D. 
at  Leipsic  University  in  1«74,  and  that  of  LL.  D.  at 
Vanderbilt  University  in  1883,  this  being  the  only 
purely  honorary  degree  ever  conferred  by  the  latter 
university.    He  was  formerly  Assistant  and  then  Adjunct 


THE  UNIVERSITY  OF  TEXAS.  269 

Professor  of  Ancient  Languages  in  the  Washington  and 
Lee  Univertiity,  and  for  eight  years  Professor  of  Greek 
in  Vanderbilt  University.  For  1882-3  he  was  President 
of  the  American  Philological  Association, 

Prof.  Leslie  Waggener,  A  M.,  LL.  D.,  School  of 
English  Language,  History  and  Literature.  Professor 
Waggener  is  a  native  of  the  State  of  Kentucky,  and 
his  work  as  an  educator  has  been  prosecuted  princpally 
in  that  State.  He  graduatea  at  Harvard  University  in 
1861  with  the  degree  of  A.  B.  He  was  elected  Profes- 
sor of  English  in  Bethel  College,  Kentucky  in  1870, 
and  President  of  the  same  institution  in  J  873.  He 
received  the  degree  of  LL.  I),  from  the  Georgetown 
College  in  187;j. 

Prof.  R.  L.  Uabney,  A.  M.,  D.  D.,  LL.  D.,  School  of 
Mental  and  Moral  Philosophy  and  Political  Science. 
Professor  Dabney  was  born  in  Louisa  county,  Virginia, 
forty  rniles  west  of  Richmond.  He  received  the  degree 
of  Master  of  Arts  from  the  University  of  Virginia  in 
July,  1842.  He  studied  divinity  in  the  Union  Theo^ 
logical  Seminary  of  Virginia,  and  was  ordained  a 
minister  in  the  Presbyterian  church  in  1847.  He  was 
a  professor  in  the  same  institution  (except  for  an  inter- 
mission during  the  war  while  he  was  in  the  Southern 
army  as  chief  of  staff  of  General  Stonewall  Jackson) 
from  August,  1853,  to  July,  18^3.  The  degree  of  D.  D. 
was  conferred  on  him  by  Hampden  Sydney  College  in 
1853,  and  that  of  LL.  D.  by  the  same  insitution  in 
1872. 

Prof.  H.  Tallichet,  B.  L.,  D.  Lit.,  School  of  Modern 
Languages.  Prof.  Tallichet  was  born  in  J^yons,  France. 
He  studied  in  Lausanne  and  other  schools  of  Switzer- 
land, in  the  schools  of  Cruiz  ahd  Leipsic,  the  philology 
of  Teutonic  and  Roman  languages.  He  came  to  this 
country  in  1869,  and  was  engaged  in  teaching  without 
intermission  in  schools  at  Baltimore,  Wilmington, 
Nashville,  Charleston,  and  for  three  years  occupied  the 
chair  of  Modern  Languages  in  the  University  of  the 
South,  at  Sewanee,  Tenn. 

LAW    DEPARTMENT. 

Professor  Oran  M.  Roberts,  A.  M.,  LL.  D.,  and  Pro- 
fessor Robert  S.  Gould,  A.  M.      The  life  and  public 


270  THE  UNIVERSITY  OF  TEXAS. 

services  of  these  gentlemen  are  well  known  to  the 
people  of  Texas.  They  are  both  graduates  of  the  Uni- 
versity of  Alabama,  and  each  has  served  as  Chief 
Justice  of  the  ISupreme  Court  of  Texas,  Professor 
Roberts  was  for  four  years  Governor  of  the  State. 

BIG    BOOST    FOR    THE    UNIVERSITY. 

As  has  been  seen,  the  resources  of  the  University 
were  apparently  so  meager  up  to  this  time  that  but  for 
a  ruling  of  the  then  State  Comptroller — Hon.  William 
J.  Swain — it  was  hardly  possible  to  have  commenced 
its  operations  on  anything  like  a  respectable  basis. 
This  ruling,  which  explained  the  situation,  was  really 
the  key  which  unlocked  hidden  resources  and  bridged 
such  a  crisis  in  the  affairs  of  the  University  as  to  de- 
serve full  place  in  its  history,  and  is  therefore  given  as 
published  in  the  Statesman  of  ^September  16,  1853: 

''The  following  ruling  of  the  State  Comptroller  was  a 
big  boost  for  the  Universit}^,.  the  formal  opening  of 
which  was  inaugurated  yesterday  with  addresses  by 
Colonel  Ashbel  Smith,  president  of  the  board  of  re- 
gents; Professor  Mallet,  Governor  Ireland,  ex-Governor 
Roberts  and  others,  in  one  of  the  large  lecture  rooms 
in  the  west  wing  of  the  University's  new  building  on 
University  Hill. 

Office  of  Comptroller,  ) 

Austin,  Septemljer  15,  1883.  J 
Hon.  Ashbel  Smith,  President  of  Board  of  Regents,   Uni- 
versity of  Texas: 

"Sir:  I  have  the  honor  to  acknowledge  receipt  of 
your  communication  requesting  that  the  board  of  re- 
gents be  informed  what  the  ruling  of  this  department 
is  in  reference  to  the  disposition  to  be  made  of  the 
interest  arising  from  the  notes  held  by  the  University 
fund  given  for  the  purchase  of  University  lands. 

"I  beg  to  say  in  reply,  that  after  an  examination  of 
the  laws  bearing  on  this  subject  I  consider  the  in- 
terest on  the  land  notes  held  by  the  Universit}'' 
fund  as  property,  and  part  of  the  available  University 
fund,  and  as  such  is  included  in  the  appropriation 
made  in  section  18  of  'an  act  to  establish  the  Univer- 
sity,' approved  March  3,  1881. 


THE  UNIVERSITY  OF  TEXAS.  271 

"Oil  examining  the  records  of  this  department,  I 
find  that  Hon.  S.  H.  Darden,  former  comptroller,  in 
his  report  to  the  Governor  for  the  year  ending  August 
31,  1880,  took  this  view  of  the  subject.  On  March  30 
following  JNlr.  Darden 's  report,  the  act,  'establishing 
the  University  of  Texas/  was  passed,  which  act  in 
section  18  declares:  'The  salaries  and  expenses  of  the 
University  shall  never  exceed  the  interest  on  the  Uni- 
versit}^  fund  and  land  sales  fund.'  The  notes  for  the 
purchase  of  land  being  a  part  of  the  land  sales  lund, 
the  interest  on  the  notes  would  be  included  in  the 
amount  permitted  by  the  statute  above  quoted  to  be 
expended  for  the  salaries  and  expenses  of  the  Univer- 
sity. 

''Under  this  view  of  the  question  the  available  Uni- 
versity fund  on  September  1,  1«83,  was  as  follows: 

Funds  on  hand  in  cash $61,315  86 

Funds  on  hand  in  bonds,  subject  to  be  converted  into  cash  8,308  37 
Interest  on  land  notes  which  properly  belong  to  available 

University  fund 86.950  94 

Total  available  September  1,  1883 $156,575  17 

"The  permanent  University  fund  September  1883, 
was  as  follows: 

Five  per  cent  bonds $69,091  65 

Six  per  cent  boods 175,500  00 

Seven  per  cent  bonds 114,000  00 

Total  bonds    $358,591  65 

Cash  on  hand  September  1,  1883 $353,823  52 

Less  amount  interest  on  land  notes  due  the 

available  University  fund  86,950  94 

166,872  58 

Total  permanent  University  fund  September  1,  1883 $525,464  23 

"The  permanent  fund  now  yields  an  annual  increase 
to  the  available  fund  as  follows: 

Interest  on  bonds $21,964  58 

Interest  on  land  notes,  former  years  say 7,000  00 

Total $28,964  58 

"To  the  above  should  be  added  interest  derived  from 
investment  of  the  $162,872.58  cash  on  hand. 

''It  will  be  borne  in  mind  that  the  amount  to  be 
derived  from  interest  on  land  notes  is  not  a  fixed  sum, 


372  THE  UNIVERSITY  OF  TEXAS. 

as  the  interest  on  these  notes  is  being  annually  dimin- 
ished by  partial  payment  of  the  principal. 

"Respectfully, 

Wm.  J.  Swain, 

Comptroller." 

CORRELATION    WITH    THE    PUBLIC    SCHOOLS. 

The  object  of  the  University  as  part  of  the  public 
educational  system  of  the  State  is  to  complete  the  work 
that  is  begun  in  the  public  schools  by  providing  in  a 
thorough  manner  for  liberal  education  in  literature, 
science  and  the  arts,  and  for  professional  study  of  law 
and  medicine.  The  University,  through  the  aid  re- 
ceived from  the  State,  offers  all  its  facilities  for  higher 
education  to  persons  of  either  sex,  qualified  for  admis- 
sion, without  charge  for  -tuition ;  and  in  order  to  per- 
fect a  close  and  vital  connection  with  the  public 
schools  of  the  State  it  has  been  provided  that  a  diploma 
from  approved  schools  shall  admit  a  student  without 
examination  to  all  the  privileges  of  the  University. 
This  approval  is  on  recommendation  of  committees  of 
the  University  professors  who  visit  the  schools  for  the 
purpose  of  personal  investigation  and  report  their  ob- 
servations to  the  faculty  for  its  action. 

METHODS    OF    INSTRUCTION. 

The'system  of  instruction  adopted  by  the  University 
is  a  combination  of  what  is  known  as  the  elective  sys- 
tem and  what  is  known  as  the  class  system.  The  four 
classes,  freshmen,  sophoTiore,  junior  and  senior,  are 
retained  and  serve  to  articulate  the  four  years  devoted 
to  the  completion  of  any  full  course  in  the  academic 
department.  There  are  three  courses  of  study — in  arts, 
letters  and  sciences;  and  four  special  courses,  all  in 
sciences,  and  giving  prominence  respectively  to  engin- 
eering, to  chemistry,  to  geology  and  to  physics,  and 
leading  to  the  same  degree  as  the  general  course  in 
science.  There  are  also  post  graduate  courses.  The 
degrees  conferred  are  such  as  are  usually  given  by 
American  universities,  with  the  exception  that  no 
honor  degrees  are  conferred. 

The  organization  into  distinct  schools  gives  to  stu- 


THE  UNIVERSITY  OF  TEXAS.  273 

dents  properly  qualified  the  privilege  of  electing  those 
departments  of  study  to  which  they  may  be  led  by 
special  tastes  or  proposed  vocations  in  life  ;  but  this 
privilege  of  election,  except  in  a  modified  form  under 
the  advice  of  the  faculty,  is  not  granted  to  students 
under  eighteen  years  of  age,  nor  to  those  who  are  can- 
didates for  degrees.  Applicants  for  admission  as  stu- 
dents must  be  not  less  than  sixteen  years  of  age. 

CO-EDUCATION    IN    THE    UNIVERSITY. 

"The  statute  under  which  the  University  was  organ- 
ized states  that  'it  shall  be  open  to  all  persons  in  the 
State  who  may  wish  to  avail  themselves  of  its  advan- 
tages, and  to  miale  and  female  on  equal  terms.'  Jn 
compliance  with  the  spirit  of  this  act  of  the  Legisla- 
ture, no  provision  for  the  instruction  of  young  women 
apart  from  young  men  has  been  made.  The  two  sexes 
are  taught  the  same  subjects  by  the  same  professors  at 
the  same  time,  and  the  requirements  for  admission  are 
equally  rigorous.  In  no  respects  are  the  young  women 
considered  as  constituting  a  separate  department  of  the 
University,  or  a  separable  annex  whose  connection  is 
fortuitous  and  experimental,  and  no  distinction  between 
them  and  the  young  men,  either  in  discipline  or  in- 
struction, is  recognized.  No  restrictions  other  than 
those  prevailing  in  good  society  are  placed  upon  the 
sexes  with  reference  to  their  association  with  each 
other.  It  is  proper,  however,  to  call  attention  to  the 
fact  that  this  institution  is  not  a  'young  ladies'  semi- 
nary.' Only  earnest  young  women,  imbued  with  a 
desire  to  profit  by  the  methods  of  advanced  education, 
by  such  instruction  as  was  but  recently  confined  to 
young  men,  should  attend  an  institution  where  co- 
education is  practiced  as  it  is  in  this  and  other  higher 
institutions  of  learning,  open  to  males  and  females  on 
equal  terms. 

"But  young  women,  in  order  to  have  equal  advan- 
tages with  young  men,  t„re  entitled  to  the  presence  in 
the  facCilty  of  a  lady  of  culture  and  refinement,  whose 
example  and  precept  will  exercise  the  same  restraining 
influence  that  young  women  in  good  society  are  sub- 

1— !• 


274  '^'HE  UNIVERSITY   OB^  TEXAS. 

jected  to.  Ihey  are  also  entitled  to  have  some  one 
in  the  faculty  who  can  see  that  they  have  proper 
boarding  houses  and  comfortable  rooms;  who  can  visit 
them  when  they  are  sick  and  see  that  they  are  properly 
nursed  and  cared  for.  'Ihe  regents,  in  the  appoint- 
ment of  Mrs.  Kirby  as  lady  assistant,  have  fully  met 
all  such  reasonable  expectations.  Young  women  can 
enter  this  University  with  the  full  assurance  that  they 
will  receive  the  benefits  of  its  instruction  on  equal 
terms  with  young  men." — University  Catalogue. 

In  this  connection  it  may  be  added  that  the  system 
of  CO  education  has  worked  so  well  that  there  is  evi- 
dently no  occasion  for  establishing  a  separate  ladies' 
annex,  as  at  some  other  institutions  of  learning;  ex- 
cept, perhaps,  for  quarters  to  provide  for  special  instruc- 
tion of  young  ladies  in  art  and  music  as  important 
society  accomplishments. 

ANNUAL    ATTENDANCE   OF   STUDENTS. 

Catalogues  published  every  year  near  the  close  of 
each  session  show  the  following  attendance  of  students 
from  the  beginning: 


Sessions 

Academic. 

Law  Dept. 

Tota 

1883-84 

166 

52 

218 

1884-85 

151 

55 

206 

1^8^)  86 

138 

60 

198 

188(5-87 

170 

73 

243 

1887  88 

176 

73 

249 

188.^89 

187 

91 

278 

18&9-90 

230 

78 

308 

The  attendance  of  young  lady  students  so  far  has 
varied  from  about  forty  to  about  sixty  each  session. 

The  catalogues  of  the  Agricultural  and  Mechanical 
College  or  branch  at  Bryan  are  published,  independ- 
ently of,  and  separate  from  those  of  the  University, 
so  that  its  attendance  is  not  included  in  the  above  list. 
The  fourteenth  annual  catalogue  of  the  college  for  last 
session,  18^9-90,  shows  an  attendance  of  two  hundred 
and  seventy-nine  students.  The  attendance  of  the 
twelfth  session  was  two  hundred  and  fourteen,  and  the 
thirteenth  session  two  hundred  and  seven.  There  will 
be  a  much  larger  attendance  than  ever  this  session. 


THE  UNIVERSITY  OF  TEXAS.  Z75 

FACULTIES   AND    OFFICERS. 

Changes  in  the  faculties  and  oflScers  are  sufficiently 
indicated  in  the  catalogues  of  the  several  sessions  of 
the  University  as  follows: 

THE   FIRST   FACULTY — SESSION    OF   1883-'84. 

CHAIRMAN,  PROF.  J.  W.  MALLET, 
Literary  and  Scientific  Schools. 


PROF.  J.  W.  MALLET,  A.  M.,  M.  D.,  LL.  D.,  Ph.  D.,F.R.  S., 

School  of  Chemistry  and  in  charge  of  School  of  Physics. 

PROF.  WM.  LEROY  BROUN,  A.  M.,  LL.  D., 
School  of  Mathematics. 

PROF.  MILTON  W.  HUMPHREYS,  A.  M.,  LL.  D.,  Ph.  D., 

School  of  Ancient  Languages. 

PROF.  LESLIE  WAGGENER,  A.  M.,  LL.  D., 
School  of  English  Language,  History  and  Literature. 

PROF.  R.  L.  DABNEY,  A.  M.,  D.  D  ,  LL.  D., 
School  of  Mental  and  Moral  Pliilosophy  and  Political  Science. 

PROF.  H.  TALICHET.  B.  L.,  D.  Lit.,      ' 
School  of  Modern  Languages. 

LAW   DEPARTMENT.         * 

PROF.  O.  M.  ROBERTS,  A.  M.,  LL.  D., 
PROF.  ROBERT  S.  GOULD,  A.  M. 

ASSISTANT  TEACHERS. 

J.  J.  ATKLVSON,  B.  A., 
Assistant  in  Chemistry. 

E.  E.  BRAMLETTE,  B.  A., 
Assistant  in  Mathematics  and  Ancient  Languages. 

J.  R.  RAY, 
Assistant  in  Modern  Languages. 

L  H.  BRYANT, 
Assistant  in  English  and  History. 

SMITH  RAGSDALE,  A.  M., 
Proctor. 


276  THE  UNIVERSITY  OF  TEXAS. 

SESSION  OF   1884-'85. 
OFFICERS   OF   INSTRUCTION   AND   GOVERNMENT 


LESLIE  WAGGENER,  M.  A.,  LL.  D., 
Chairman  of  the  Faculty  and  Professor  of  English  Lan- 
guage, History  and  Liierature. 

MILTON  W.  HUMPHREYS,  M.  A.,  LL.  D.,  Ph.  D., 
Professor  of  Ancient  Languages. 

H.  TALLICHET,  B.  L.,  D-  Lit., 
Professor  of  Modern  Languages. 

ROBERT  L.  DABNEY,  M.  A.,  D.  D.,  LL.  D., 
Professor  of  Mental  and  Moral  Philosophy  and  Political 

Science. 

GEORGE  BRUCE  HALSTED,  M.  A.,  Ph.  D., 
Professor  of  Pure  and  Applied  Mathematics. 

JAMES  F.  HARRISON.  M.  D., 
Associate  Professor  of  Physics. 

EDGAR  EVERHART,  M.  A.,  Ph.  D., 
Associate  Professor  of  Chemistry. 

O.  M.  ROBERTS,  M.  A.,  LL.  D., 
^        Professor  of  Law. 

ROBERT  S.  GOULD,  M.  A., 
Professor  of  Law. 

ALVIN  V.  LANE,  C.  E.,  Ph.  D., 
Assistant  Instructor  in  Mathematics  and  Graphics. 

EDGAR  E.  BRAMLETTE,  B.  A., 

Assistant  Instructor  in  Ancient  Languages. 

GEO.  P.  GARRISON,  L.  A.  (Eiiin), 

Assistant  Instructor  in  English  Literature  and  History. 

CHARLES  F.  GOMPERTZ, 
Assistant  Instructor  in  Modern  Languages. 

MRS.  H.  M.  KIRBY, 
Lady  Assistant. 

SMITH  RAGSDALE,  M.  A., 
Proctor  and  Librarian. 


THE  UNIVERSITY  OF  TEXAS.  377 

SESSION  OF  1885-'86. 
OFFICERS    OF   INSTRUCTION   AND   GOVERNMENT. 


LESLIE  WAGGENER,  M.  A.,  LL.  D., 
Chairman  of  the  Faculty  and  Professor  of    English  Lan- 
guage, History  and  Literature. 

MILTON  W.  HUMPHREYS,  M.  A.,  LL.  D.,  Ph.  D., 
Professor  of  Ancient  Languages. 

H.  TALLICHET,  B.  L.,  D.  Lit., 
Professor  of  Modern* Languages. 

ROBERT  L.  DABNEY,  M.  A.,  D.  D.,  LL.  D., 

Professor  of    Mental  and  Moral  Philosophy  and  Political 

Science. 

GEORGE  BRUCE  HALSTED,  M.  A.,  Ph.  D., 

Professor  of  Pure  and  Applied  Mathematics. 

O.  M.  ROBERTS,  M.  A.,  LL.  D., 
Professor  of  Law. 

ROBERT  S.  GOULD,  M.  A., 
Professor  of  Law. 

EDGAR  EVERHART,  M.  A.,  Ph.  D., 

Associate  Professor  of  Chemistry. 

ALEXANDER  MACFARLANE,  M.  A.,  D.  Sc, 
Associate  Professor  of  Physics. 

ALVIN  V.  LANE,  C.  E.,  Ph.  D., 
Associate  Professor  of  Mathematics. 

EDGAR  E.  BRAMLETTE,  B.  A., 
Instructor  in  Ancient  Languages. 

GEO.  P.  GARRISON,  L,  A.  (Eiin), 
Instructor  in  English  Literature  and  History. 

CHARLES  F.  GOMPERTZ, 
Instructor  in  Modern  L mguigas. 

MRS.  H.  M.  KIRBY, 
Lady  Assistant. 

JAMES  B.  CLARK,  B.  A., 
Proctor  and  Librarian. 


278  THE  UNIVERSITY  OF  TEXAS. 

SESSION   OF   188G  '87. 

OFFICEKS   OF   INSTRUCTION    AND    GOVERNMENT. 


Chairman  of  the  Faculty  and  Professor  of   English  Lan- 
guage, History  and  Literature, 
LESLIE  WAGGENER.  M.  A.,  LL.  D. 

B.  A.,  HHivaid,'61. 

Professor  of  Anc'ent  Languagt^s, 
MILTON  W.  HUMPHREYS,  LL.  D. 

M.  A.,  WaBhingtou  and  Ler;  Ph.  D.,  Leii  xig. 

Professor  of  Modern  Languages, 
H.  TA.LLICHET. 

B.  L  ,  D.  Lit.,  Laiisauiie. 

Prof,  of  Mental  and  Moral  Philosophy  and  Political  Science, 
ROBERT  L.  DABNEY.  D.  D.,  LL.  D. 

M.  A.,  University  vf  Virginia. 

Professor  of  Pure  and  Applied  Mathematics, 
GEORGE  BRUCE  HALS  TED. 

M.  A.,  P.incetun;  Ph.  D,  Johns  Uopkint*  Uuiversiiy. 

Professor  of  Law, 
O.  M.  ROBERTS,  LL.  D. 

M.  A.,  Univeruilj  of  Al  bania. 

Professor  of  Law, 
ROBERT  S.  GOULD,  LL.  D. 

M.  A,,  Univer  ity  <.f  .\laljama. 

Associate  Professor  of  Chemistry, 
EDGAR  EVER  HART. 

M.  A  ,  Racine;  I  h.  D.,  Fieibiirg. 

Associate  Professor  of  Physics, 
ALEXANDER  MACFARLANE. 

M.  A.,  D.  Sc,  Uu  veiBity  of  Ediubuigh;  F.  li,  S.  E. 

Associate  Professor  of  Mathematics, 
ALVIN  V.  LANE. 

C.  E.,  Ph.  D.,  Vanderbilt  Ui.iversity. 

Instructor  in  English  Literature  and  History, 
GEO.  P.  GARRieON. 

L.  A  ,  Univer:  ity  of  Kdin burgh. 

Instructor  in  Modern  Languages, 
CARLO  VENEZIANL 

Pn.  D,  lleid  Ib.rg. 

Instructor  in  Ancient  Linguages, 
JOHN  P.  NELSON. 

U   iveiBitj  of  Virginia. 

Lady  A^-sistant, 

MRS.  H.  M.  KIRBY. 

Proctor  and  Lihrnian, 

JAMES  B.  CLARK. 

B.  A.,  Harvard. 


THE  UNIVERSITY  Ot'  TEXAS.  ^79 

SE.-SION  OF  1887-'88. 
OFFICERS   OF   INSTRUCTION    AND    GOVERNMENT. 


Chairman  of  the  Faculty,  and  Professor  of  English  Lan- 

guogH,  History  and  Literature. 

LESLIE  WAGGENER,  M.  A.,  LL.  D. 

B.  A.,  llarvaid.'Gl. 

Pro  feasor  of  Modern  Languages, 
H.  TALLICHET,  D.  Lit. 

B  L.,  LauBaune. 

Prof,  of  Mental  and  Moral  Philosophy  and  Political  Science, 
ROBERT  L.  DABNhiY,  D  D.,  LL.  D. 

M.  A.,  University  of  Virginia. 

Professor  of  Pure  and  Applied  Mathematics, 
GEORGE  BRUCE  HALSTED. 

M.  A.,  Priutetoi);  Pli.  D.,  Joiius  Hopkins  Uulvtiniity. 

Professor  of  Law, 
O.  M.  ROBERTS,  LL.  D. 

M.  A.,  Uuive  8  ty  of  Alabama. 

Professor  of  Law, 
ROBERT  S.  GOULD,  LL.  D. 

M.  A.,  Uaivercity  of  Alabama. 

Associate  Professor  of  Chemistry, 
EDGAR  EVERHARr. 

M.  A.,  Uaciue,  I'll.  D.,  Fivibiirg. 

Associate  Professor  of  Physics, 
ALEXANDER  MACFARLANE.  LL.  D. 

M.  A.,  D.  Sc,  UiiiTeisiiy  ..f  EJiuUiirgh;  F.  B.  S.  E. 

Associate  Professor  of  Mathematics, 
ALVIN  V.  LANE. 

C.  E.,  Ph   D.,  Vautlerbilt  Uuivorsity. 

Instructor  in  English  Literature  and  History, 
GEO   P.  GARRISON. 

L.  A.,  UiiiTersity  of  Kilii. burgh. 

Instructor  in  Modern  Languages, 
CARLO  VENEZIANL 

Ph.  D,  lieidelbeig. 

Instructor  in  Latin, 
JOHN  P.  NELSON. 

UniveiBily  of  Virgii.ia. 

InsliucLor  in  Greek, 
S.  D.  JONES. 

A.  M  ,  Pli.  D,  Vainlt^rlMlt  University. 

Lady  Assistant, 

MRS.  H.  M.  KIRBY. 

• 

Pioctor  and  Librarian, 
JAMES  B.  CLARK. 

I'.  A..  Ilarvaid. 


3gO  THE  UNIVERSITY  OF  TEXAS, 

SESSION   OF   1888-'89. 

FACULTY  AND  OFFICERS. 


Chairman  of  the  FaouUv  and   Professor  of  Rlietoric  and 

English  Literal  in  e, 

LESLIE  WAGGEISER,  M.  A..  LL.  D. 

B.  A.,  Uarvaid,  '61. 

Professor  of  Modern  Languages, 
H.  TALLICHET. 

B.  L..  LiiwsauDe. 

Prof,  of  Mental  and  Moral  Philosophy  and  Political  Science, 
ROBERT  L.  DABNEY,  1).  D.,  LL.  D. 

M.  A.,  Uuivmsi  y  of  Virginia. 

Professor  of  Pure  and  Applied  Mathematics, 
GEORGE  BRUCE  HALsTED. 

M.  A  ,  I'liiicetuii;  I'll   !>.,  JohuH  tJupkius. 

Proft  ssor  of  Law, 
O.  M.  ROBERTS.  LL.  D. 

M.  A.,  Uiiiversiiy  i  f  AlHlmnm. 

Professor  oP  Law, 
ROBERT  S.  GOULD.  LL.  D. 

M.  A.,  University  of  Alitlniiia. 

Assoc! nte  Professor  of  Chemistry, 
EDGAR  EVER  HART. 

M.  A.,  Kaciue;  I'll.  U.,  FieiLiUig. 

Associate  Professor  of  Physics, 
ALEXANDER  M AC BWRL A i\E.  LL.  D. 

M.  A.,  D.  ^;c.,  EUir  buigli;  V.  K.  S.  E. 

Assorinte  Professor  of  Greek, 
J.  R.  SITLINGTUN  STERRETT. 

I'll.  D.,  Muni  h. 

Assistant  Professor  of  History, 
GEORGE  P.  G  A  PRISON. 

L   A.,  University  of  EJinburgli. 

Assistant  Professor  of  Applied  Mathematics, 
T.  U.  TAYLOK. 

C.  E  ,  UciiverBily  of  V  r^inia. 

Assistant  Professor  of  Geology, 
ROBERT  T.  HILL. 

B.  S.,     oruell  Uuiveisity. 

Assistant  Ptofe-sor  of  Latin, 
W.  WINSTON  FONTAINE,  M.  A. 

Uiiiverhiiy  of  Virgiuia. 

Instructor  in  French, 

J.  MAGNENaT. 

Instructor  in  German, 

A.  C.  JESSEN. 

Uiiiv  rsity  of  Bona. 

Lidy  Assistant, 

.  MRS.  H.  M.  KIRBY. 

Prof'tor  and  Libr.irian, 

JAMES  B.  CLARK. 

B.  A..  Ilarvanl. 


THE  UNIVERSITY  OF  TEXAS.  281 

SESSION  OP  1889-'flO. 

FACULTY  AND  OFFICERS. 


Chairman    of  the  Fa^^uHy  nnd  Professor  of   Rhetoric  and 

English  L'tHFiture, 

LESLIE  WAGGENER.  M.  A.,  LL.  D. 

tl.  A.,  Harvanl,  '01. 

Profps«or  of  Modern  L mgunges, 
H.  TALLICHET,  D.  Lit. 

U.   L..  L:1IISHII    o. 

Professor  of  Law, 
O.  M.  ROBERTS.  LL.  D. 

M.  A.,  Ui'ivcisiiy  of  AUliHiiia. 

Professor  f^f  L  >w, 
ROBER  r  S.  GOULD.  LL.  D. 

M.  A.,  UiiiviTo  ty  uf  Alabama. 

Prof,  of  Mental  and  Moral  Phil)>;ophy  and  Political  Science, 
ROBERT  L.  DABNEY,  D.  D.,  LL  D. 

M.  A.,  Uiiiveinity  of  Virginia. 

Professor  o*"  Pure  and  Apidied  Matliematics, 
GEORGE  BRUCE  HaLSTED. 

M.  A.,  I'ri  .ceti.ii,  I'li.  D,  Johns  llopkius. 

Profe-sor  of  Chn-niistry, 
EDGAR  EVERHART. 

M.  A.,  Ka  iiic;  I'll.  U.,  b'leibiirg. 

Profe  sor  of  Greek, 
J.  R.  SITLING  1  ON  S  TERRETT. 

Pii.  D.,  M   Hi  h. 

Associate  Pr  if^'ssor  of  Phvsics, 
ALEXANDER  MACFARLANE,  LL.  D. 

M.  A.,  U.  ^5C.,  Ediiiburj;   ;  b\  K.  S.  E. 

Assoc'ate  Profe-^sor  of  Geology, 
FREDERIC  W.  SIMOXDS. 

M.S..  (.'ori.ull;  Fh.  D,  Syracns   . 

Assi'^tant  Pr"fe.ssor  <>f  History, 
GEORGE  P.  GARRISON. 

L.  A.,  Uiiivei-si  y  of  Kilii  burgli. 

Assistant  Professor  of  Applied  Mathematics, 
T.  U.  TAYLOR. 

C.  E  ,  Univers  ty  i.f  Vir.iuia. 

Assistant  Protes-or  (tf  Latin, 
THOS.  FIIZHUGII 

M.  A.,  Uiiiveisily  o(   Viigi  lia. 

Insiructi>r  in  French, 

J.  MAGNENAT. 
Instructor  in  German, 
JICSSIE  ANDREWS. 

B.  L;t.,  Univ.  rsi  y  of  'I'fxas. 

Lady  Assistant, 
MRS.  H.  M.  KIRBY.  , 
Pio  tor  and  L  biarian, 
JAMES  B   CLARK. 

li.  A.,  liaivarii. 


382  THE   UNIVERSITY   OF  TEXAS. 

SESSION  OB'  1890-'9l. 
FACULTY  AND  OFFICERS. 


Chairman  of   the  F;iculty  and  Professor  of  Rhetoric  and 

Eiiy^li-h  L  teratiire, 

LESLIE  WAGGENiER,  M.  A  ,  LL.  D. 

B.  A,  IliiivarU, '61. 

Professor  of  Modern  Langiiasfes, 
H.  TALLICHET,  D.  Lit. 

B.  L.,  Lausanne. 

Professor  of  Law, 
O.  M.  ROBERTS.  LL.  D. 

M   A.,  University  of  Alabama. 

Professor  of  L  i\v, 
ROBERT  S.  GOULD,  LL.  D. 

M.  A.,  Uoiversity  ot  Alaliama. 

Prof,  of  Mental  and  Moral  Philosophy  ami  Political  Science, 
ROBERT  L.  DABNEY,  D.  D.,  LL.  D. 

M.  A..,  Uuivursily  of  Vigioia. 

Professor  of  Pure  and  Applied  Mathematics, 
GEORGE  BRUCE  HALSTED. 

M.  A.,  Princeton;  P  i.  D  .Johns  Hopkins. 

Professor  of  Chemistry, 
EDGAR  EVERHARt. 

M.  A.,  Raci   t ;  Pli.  D  ,  Freiburg. 

Professor  of  Greek, 
J.  R.  SITLINGTON  STERRETT. 

Ph.  D.,  .Munich. 

Ass-^^ciate  Profe-^><or  of  Piiysics, 
ALEXANDER  MACFARLANE,  LL.  D. 

M.  A.,  D.  Sj.,  EJinburgh;  K.  R.  S   E. 

Associate  Pro'essor  of  Geology, 
FREDERIC  W.  SI.MONDS. 

M.  S  ,  iliirnell;  Pli.  D.,  Syracuse. 

Assistant  Professor  of  History, 
GEORGE  P.  G.VRRISON. 

L.  A.,  University  of  E  iiijburgh. 

Assistant  Professor  of  Applied  Mathematics, 
T.  U.  TAYLOR. 

C.  E.,  University  of  Virginia. 

Assistant  Professor  of  Latin.  THOS.  FITZHUGH. 

M.  .\.,  Unlvernily  oi   Virginia. 

Assistant  Prof,   of  English,  MORGAN  CALLAWAY,  Jr. 

Pli.  D,  Johns  lloi.Uius. 

Assistant  Professor  of  Mental  and  Moral  Philosophy, 
WALTER  LKFfc:VRE. 

Ph.  D,  Heidai.erg. 

Instructor  in  French,  J.  MAGNENAT. 
Instructor  in  German,  JESSIE  ANDREWS. 

^        B.  Lit.,  U   ive  sity  of  Texas. 

Lady  Assi^^tant,  MRS.  H.  M   KIRBY. 
Proctor  and  Libntrian,  JAMES  B.  CLARK. 

B.  A.,  Harvard. 


THE  UNIVERSITY   OF  TEXAS.  283 

UNlVERSIiY    SUMMER    FORMAL. 

''In  May,  1887,  Prof.  0.  H.  Cooper,  Superintendent  of 
Public  Instruction,  suggested  to  the  faculty  of  the 
University  the  idea  of  having  a  summer  normal  in 
Austin,  and  that  the  use  of  the  University  building, 
apparatus,  laboratory  and  library  be  offered  for  the 
purposes  of  such  a  school ;  and  that  such  University 
professors  as  might  remain  in  Austin  during  the  sum- 
mer should  take  part  in  giving  instruction  and  in  the 
conduct  and  management  of  the  school.  The  subject 
was  brought  regularly  before  the  faculty,  and  a  resolu- 
tion WAS  adopted  endorsing  the  scheme,  subject  to 
approval  of  the  board  of  regents.  *  *  *  It  is  hoped 
that  the  experiment  wid  be  so  successful  that  the  sum- 
mer normal  will  become  a  permanent  institution,  and 
that  in  this  way  the  University  shall  be  able  to  do  a 
work  only  second  in  importance  to  the  work  done  in 
its  regular  classes.  Leslie  Waggknek, 

('hairman  of  University  Faculty." 

The  normal  was  organized  and  held  its  sessions  from 
August  5  to  August  31,  in  the  University  building, and 
was  well  attended  and  did  excellent  work.  By  author- 
ity of  the  State  Board  of  Education  it  was  empowered 
to  examine  applicants  for  summer  normal  certificates, 
valid  throughout  the  State  for  two  years,  and  granted  a 
number  of  such  certificates. 

In  his  last  report  of  August,  TS90,  just  before  re- 
tiring from  office  as  State  Superintendent  of  In- 
struction, Prof  Cooper  says:  "It  is  suggested  that  a 
chair  of  pedagogy  in  our  State  University  would  be 
useful  to  the  profession  of  teaciung  in  the  State.  We 
should  have  some  institution  in  the  State  which  would 
prepare  high  school  teachers  and  scholarly  county  and 
cit}^  superintendents.  Most  State  universities  realize 
the  value  of  pedagogical  training  and  make  provision 
for  it.  Such  a  chair  well  filled  would  attract  many 
students  of  the  highest  character  to  our  University." 

To  this  it  may  be  added,  however,  that  the  University 
graduates  should  and  as  a  rule  do  hav^  all  the  qualifi- 
cations necessar}^  for  accomplished  and  successful  teach- 
ers.    One  of  them,  Mr.  J.  (\  Nagle,  has  been  elected, 


284  THE  UNIVERSITY  Ub'  TEXAS 

just  after  graduating  in  the  University,  to  the  chair  of 
Civil  Engineering  and  Physics  in  the  A.  &  M.  College. 

THE   BRACKENRIDGE  DONATIONS. 

About  a  year  ago,  a  prominent  gentleman  of  this 
State  donated  |10,0U0  to  build  a  student's  mess  hail  for 
the  University.  The  donation  was  made  with  the  un- 
derstanding that  the  donor's  name  was  not  to  be  made 
public  till  he  consented,  but  somehow,  probabl}^  on  ac- 
count of  his  well  known  means  and  character  as  a  pub- 
lic spirited  citizen,  and  his  friendly  interest  in  the 
University  as  a  member  of  the  board  of  regents,  the 
idea  obtained  that  Mr.  George  W.  l>rackenridge,  presi« 
dent  of  the  San  Antonio  iNational  Bank,  was  the  party 
who  had  so  generously  made  the  gift  which  will  serve 
as  a  more  lasting  monument  to  his  name  than  a  mono- 
lith. The  building  which  the  donor  has  consented  to 
be  known  as  "Bi'ackenridge  Hall"  has  been  in  course 
of  construction  some  time  but  through  his  extended 
liberality  is  to  be  larger  and  finer  than  first  contem- 
plated, costing  somewhere  between  $I5,U00and  $lM,OUO. 
The  new  hall  is  to  be  for  the  use  of  male  students;  but 
it  is  believed  that  another  similar  hall  for  young  lady 
students  of  the  University  is  contemplated  by  Mr. 
Bracken  ridge's  sister.  Miss  Eleanor  Brackenridge,  of 
San  Antonio. 

The  hall  has  recently  been  opened  to  students,  and 
is  in  charge  of  Mr.  H.  B.  Beck,  cis  steward.  It  is  a 
handsome  brick  structure,  close  by  the  main  Univer- 
sity building,  three  stories  high,  e.x:clu.sive  of  the  base- 
ment. An  important  feature  is.  that  under  Mr.  Brack- 
enridge's  provisions  in  making  the  donation  of  the 
building  to  the  University,  the  rents  are  to  constitute  a 
scholarship  fund  for  the  benefit  of  students  needing 
such  assistance.  Before  a  room  is  assigned  each  student 
is  required  to  sign  the  ''rules,"  which  binds  him  not  to 
play  cards,  or  use  liquor  of  any  kind  or  indulge  in  any 
practice  calculated  to  disturb  the  young  men  in  their 
studies. 

The  building  is  heated  throughout  by  the  Gurney 
hot  water  system.  The  rooms  are  in  suits,  supplied 
with  hot  and  cold  water,  each  room  having  a  large  bay 


THE  UNIVERSITY  OF  TEXAS.  ogS 

window,  and  rooinv  wardrobe,  and  is  supplied  with  gas 
fixtures  and  well  furnished.  The  restaurant  is  mainly 
intended  for  the  convenience  of  the  occupants  of  the 
hall,  but  other  students  and  officers  of  the  University 
can  avail  themselves  of  its  benefits.  Before  it  was 
opened  Mr.  Billeisen,  an  experienced  restaurateur  of 
Austin,  had  made  estimates  of  the  actual  expense  of 
provisions  for  the  University  club  as  follows  : 


BREAKFAST  BILL  OF  FARE. 


ts. 


Ce 

Oatmeal,  per  dish 

Blush,  ppr  (I'sh 

Oris,  per  di>h  

Hominy.  i)er  di-h 

Frinl  livr.  lerdish 

Breakfast  bHcoii,  per  dish 3 

Hiiiii,  per  flisli 3 

PI  ill  steak,  per  dish  2i 

Sirloin  steak   p-r  dish   4 

JJuttoii  fliop-i.  periiish 2 

Ve.l  cutler.  |)er  <1)sh 5 

Hrairis  with  two  efrprs.  per  dish 4^ 

Buckwheat  cakes,  perpla'e 3 

Wilt  at  cai<es,  per  pi  ite 3 

Corn  ertl<.  s.    per  plate 2 

Bread  and  but  er.  for  one 2 

Collee  or  tea,  per  cup 2 

BILL  OF  FARE  FOR   DINNER. 

Soup,  per  bowl 2 

Siicf"  or  n  ast  he^  f  and    1  rish  po'atnes 4 

Slice  <if  roat  mut'on  snd  '  ne  Vtgetable 4 

Piece  of  rdast  v»  al  and  salad 5 

Piece  of  roast  clii<*lien  or  tu  key 7 

Dish  of  ca it  tongue,  sauce  and  potatoes M 

Sliceofpie 3 

Di  h  of  ludi  liner 2i 

Di<))  of  cakf"  sliced 3 

Cup  of  coffee 2 

BILL  OF  FARE  FOR  SUPPER. 

Sl'ce  of  cold  ham 3 

Slice  of  ci>ld  beef,  njutton  or  veal 2^ 

Slice  of  corned  beef 1^ 

HOT  MEATS. 

Plain  steak,  per  dish 2i 

Br^nkfast   bacon,  per  dish 8 

Cofftje  or  tea,  per  cui) 2 

The  restaurant  bill  of  fare  is  made  out  for  each  day, 
and  from  this  the  student  selects  what  he  desires  at  the 

different  prices.     About  three  cents  for  each  meal  is  to 
be  added  for  waiter  service. 


280  THE  UNIVERSITY  OF  TEXAS. 

In  connection  with  Mr.  Bracken  ridge's  donations  of 
the  building  and  its  complete  outfit  it  may  be  added 
that  he  is  a  modest,  talented  gentleman,  of  fine  literary 
tastes  and  habits.  At  college  he  had  a  fancy  for  the 
abstruse  sciences,  and  evinced  especial  aptitude  in  the 
study  of  chemistry,  physics  and  civil  engineering. 
Withal  he  has  acquired  a  large  fortune,  and  fully  appre- 
ciating the  benefits  resulting  from  higher  education,  is 
disposed  to  be  still  further  liberal  to  the  University. 
He  consented  for  his  name  to  be  known  with  reference 
to  his  present  donations  only  because  it  might  prompt 
others  to  make  similar  gifts.  His  appointment  as  one 
of  the  regents  was  remarkable  as  well  as  fortunate  for 
the  institution,  he  being  a  Kepublican  in  politics,  while 
Governor  Ireland,  who  appointed  him,  is  a  Democrat. 
It  would  doubtless  be  well  for  the  material  interests  of 
the  country  if  such  political  liberality  were  more  gen- 
erally exercised,  so  that  gentlemen  of  all  parties  may 
be  influenced  to  take  per.-onal  concern  in  such  great 
enterprises. 

In  accepting  the  appointment  Mr.  Brackenridge  char- 
acteristically wrote  to  Governor  Ireland,  saying:  "It 
is  the  only  office  in  your  gift,  or  in  the  gift  of  the  people 
of  the  State,  that  I  would  accept.'' 

APPKAL    FROM    THF.    (  OLLF.OE    AND    UNIVERSITY. 

The  directors  of  the  college  and  regents  of  the  Uni- 
versity have  joined  in  an  appeal  to  the  Twenty-second 
Legislature  for  appropriations  as  follows: 

For  the  University: 

To  complete  central  building' $5,000 

To  hear,  the  entire  i lui Id! iitr  with  steam  lU.dOO 

To  ereot  a  chemical  laboratory 40.000 

To  erect  the  east  vvin>r 75.000 

To  snpi.lemnnt  available' fund  for  current  expenses 30.000 

To  equip  the  Meilical  Coll  ge  34.000 

To  pay  current  expenses  of  Medical  College  for  two  years.  . . .  (5G,000 

Total $^60,000 

For  the  A.  &  M.  College: 

For  aidilim^U  barrac^.ks  $50  000 

F<ir  chetuiral  laboratory  buildings  and  equipment  13  dOO 

For  on- car^;enter -shop 10.000 

Fur  t  ols  f  >r  me  hani  al  engineprint;  d^p^rtment 2jM)0 

For  veterinary  hostital  building  and  tqiiipments 10.000 

For  establishing  aud  enlarging  experiment  stations 5,000 


THE  UNIVERSITY  OF  TEXAS.  287 

For  artesian  water  and  bath  houses 10,000 

For  h<  >rticultural  hot  house  aud  equipineuts 1,500 

For  enlarging  luess  hall 15,000 

For  electric  light  plant 6U0 

For  prolVssoro'  residences 7,500 

For  drill  hall  aud  gymnasium 6,000 

Total $128,000 

The  appeal  concludes:  "In  presenting  these  state- 
ments and  in  asking  for  tliese  appropriaiions,  the  regents 
of  the  Univert>ity  and  the  directors  of  the  Agricultural 
and  Mechanical  College  are  actuated  solely  by  a  sense 
of  their  duty  to  the  State,  'i  hey  have  no  object  in 
view  except  to  promote  the  interest  of  the  two  great 
literary  institutions  placed  in  their  charge,  and  therefore 
they  have  not  hesitated  to  set  forth  clearly  and  plainly 
an  estimate  of  the  least  amounts  needed  to  carry  them 
on  in  keeping  with  the  dignity  and  honor  of  the  great 
State  of  Texas." 

ISSUE  AS  TO  regents'    term  of  office. 

At  the  beginning  of  the  session  of  the  Twenty -first 
Legislature,  Governor  Ross,  in  violation  of  the  prece- 
dent which  had  been  followed  for  the  past  nine  years 
by  all  his  predecessors,  and  in  face  of  the  statutes  on 
the  subject  requiring  appointment  of  but  two  of  the 
University  regents  at  each  successive  term  of  the  Legis~ 
lature,  sent  in  appointments  for  an  entire  board  of  eight 
members  for  confirmation  b}^  the  Senate,  thus  officially 
asserting,  as  far  as  his  action  would  go,  that  the  terms 
of  the  members  of  the  board  had  expired,  but  for  what 
purpose  unless  to  change  the  precedent  does  not  appear, 
as  he  made  no  change  in  the  existing  membership  of 
the  board.  In  the  minds  of  the  friends  of  the  Univer- 
sity, however,  his  action  threatened  a  grave*  crisis  in  its 
history,  as  had  he  succeeded  in  the  effort,  it  would 
have  changed  the  precedent,  and  served  to  place  the 
board  of  regents  in  the  hands  of  every  incoming  Gov- 
ernor for  appointment  or  uismissal,  and  thereby  have 
made  the  board  a  mere  political  office.  The  Senate 
fully  appreciating  the  danger  likely  to  result  from  the 
Governor's  action,  respectfully  returned  the  appoint- 
ments, stating  that  in  their  judgment  there  were  but 
two  vacancies  in  the  board.      It  was  not  till  near  the 


288  THE  UNIVERSITY  OF  TEXAS. 

close  of  the  session  tluit  the  Governor  sent  in  the  names 
of  two  appointees  to  fill  the  vacancies,  which  were  duly 
confirmed,  and  thus  wiuit  was  considered  a  prospective- 
ly dangerous  blow  at  the  University  was  averted.  One 
of  the  evil?  apprehended  was  that  on  account  of  the 
uncertain  tenure  of  partisan  boards  and  consequent  un- 
certainty of  any  faculty  being-  retained,  the  professors 
would  feel  too  insecure  to  risk  the  chances  of  retention 
and  would  resign  for  better  assured  positions.  It  might 
naturally  be  expected  also  that  the  University  would 
be  liable  to  rather  frequent  political  changes  in  its  gen- 
eral management,  and  it  is  believed  that  but  for  the 
fact  of  the  regents  having  oue  of  their  members,  Sena- 
tor fcimkins,  to  represent  the  University  in  the  Legis- 
lature and  explain  its  interests  in  the  matter,  the  re- 
sult might  have  been  otherwise.  The  incident  too  is 
regarded  as  an  illustration  of  the  propriety  of  remov- 
ing such  institutions  from  political  control  of  their 
practical  operations. 

The  latest  appointments  to  fill  vacnncies  in  the  board 
of  regents  was  the  nomination  by  Governor  Hogg  of 
Hon.  F.  W.  Ball  of  Fort  Worth,  iii  place  of  Hon.  .^eth 
Shepherd  of  Didlas,  whose  term  expired  January  1, 
1891,  and  the  re-appointment  of  Dr.  T.  i).  Wooten  of 
Austin,  whose  term  also  expired  January  1,  1891.  Dr. 
Wooten  continues  president  of  the  board,  which  is  now 
constituted  as'foUows: 

T.  C.  THOMPSON,  Galveston,  ri^lvpsfon  county.  |  Term  exp-'res 

Vi^M.  L.  PR  AT  HER,  Waco,  McLpiiiian  county,  jJan.    1,   ]8li3. 

T.  M.  H  ^  RWOOD.  Gonzale's.  Gonzales  county.  }  Term  expires 

E.  J.  SIMKlNS.  Corsicaua   Navarro  couuty.  j  Jan.  1,    lb95. 

GEO.  T.  TODD  .Jeff  rson,  Marion  county.  )  Term  expires 

G.  W.  BR.VCKEMUiDGE,  San  Ai.touio,  Bexar  county,  f  Jan.  *],  18'J7. 

F.  W.  BALL.  Fo>t  Worth,  Tarrant  county.  )  Term  expires 
THOS.  D.  WOOTEN,  Austin.  Travis  cuunty.  JJan.    1,    1«99. 

Secretary,  A.  P.  WOOLDRIDGE, Austin,  Texas. 

As  to  Governor  Ross,  it  is  due  him  to  state  that  he 
claims  that  his  intentions  liave  always  been  friendly  to 
the  institution.  As  to  Governor  Hogg,  his  expressions 
since  his  election  as  State  executive  have  been  decidedly 
friendly,  and  the  new  Legislature  is  also  believed  to  be 
kindly  disposed  to  the  University. 


THE  UNIVERSITY  OF  TEXAS.  2S9 


CHAPTER  IV. 

CONCLUSIONS. 

From  the  history  presented  it  will  be  seen  that  the 
University,  iouilded  by  the  Republic  of  Texas  and 
preserved  and  endowed  by  the  State,  though  still  in  its 
infiincy  and  as  near  a  'first  class  university"  perhaps 
as  could  be  expected  under  the  circumstances,  deserves 
well  of  the  t?tate.  It  opens  the  way  to  liberal  education 
and  to  special  training  in  certain  lines  to  tlie  aspiring 
youth  of  Texas,  and  in  so  far  as  it  holds  up  the  true 
standard  of  education,  tends  to  raise  the  general  grade 
mark  of  intellectual  culture.  iStill,  it  must  be  admitted 
that,  owing  to  the  inavailability  of  most  of  its  largely 
planned  endowment,  it  is  far  from  being  a  perfect  par>- 
adigm  in  all  the  essentials  of  university  education.  It 
takes  time  for  university  development,  eyen  under  the 
most  favorable  conditions.  As  Dr.  Mallet  has  expressed 
it,  "a  university,  instead  of  beingbuilt  up  at  once  by  any 
masterly  methods  of  construction,  has  to  take  root  and 
branch  out  and  grow,  like  a  tree,  to  its  proper  propor- 
tions; and  to  flourish,  must  have  a  fruitful  field,  light, 
the  heat  of  the  sun.  and  the  refreshing  showers  of 
generous  influences  " 

Under  proper  management,  the  University  of  Texas 
should  long  ago  have  had  an  annual  income  of  a 
hundred  thousand  dollars;  and  it  has  been  difficult  to 
understand  the  action  of  the  State  in  the  control  of  its 
endowment  and  tardiness  in  putting  the  institution  into 
operation.  The  new  States  which  have  come  into  the 
Union,  proposing  to  establish  universities,  may  learn  a 
lesson  to  advantage  from  the  history  of  the  University 
of  Texas  and  the  universities  of  Arkansas,  Maryland, 
Virginia,  Michigan,  Indiana,  Vermont,  Wisconsin  and 
others,  which  had  to  contend  Avith  State  legislation  and 
other  political  influences. 

A  grave  defect  in  the  law  organizing  the  Texay  Uni- 
versity, doubtless  patterning  after  the  University  of 
Virginia,   was    the   absence   of  any    provision    for   an 

L— 19 


29U  THE  UNIVERSITY  OF  TEXAS. 

executive  head,  instead  of  having  the  management,  as 
now  conducted,  divided  between  the  State,  the  regents 
and  the  faculty.  No  university  of  the  highest  order 
ha8  been  built  up  in  America  which  was  not  largely 
the  work  of  the  inspiring  and  guiding  mind  of  some 
established  chief.  Ihe  University  of  Viiginia  itself  is 
hardly  an  exception,  for  it  was  moulded  and"  fashioned 
by  Jefferson,  who  though  not  the  ostensible  was  the 
real  head  of  the  institution,  at  one  time  rector;  and 
that  university  is  the  only  one  of  the  highest  class  in 
this  country  which  did  not  have  in  its  early  years  an 
actual  ruling  spirit  as  the  chancellor  or  president. 
"Never,"  says  Dr.  Herbert  Adams,  ''was  an  institution 
more  completely  the  materialization  of  one  man's 
thought  than  is  the  University  of  Virginia,  Not  only 
did  he  evolve  the  entire  system  of  education  there 
introduced,  but  he  actuall^y  devised  every  feature  of 
construction  and  administration  He  drew  plans,  made 
estimates  and  contracts,  busied  himself  about  bricks  and 
mortar,  and  superintended  the  whole  process  of  build- 
ing." 

As  has  been  seen,  one  of  the  greatest  drawbacks  to 
the  progress  of  the  University  of  Texas  has  been  not 
so  much  hostility  to  "higher  education"  in  the  abstraijt, 
as  partiality  instead  for  the  common  schools  as  a  more 
popular  system  of  education  with  the  masses,  naturally 
keeping  up  indifference  to  the  establishment  of  a  Uni- 
versity and  serving  as  a  pretext  for  the  State's  reckless 
dissipation  of  the  University's  resources  and  careless 
management  of  its  finances.  This  much  may  be  fairly 
concluded,  that  but  for  the  wise  liberality  displayed  in 
the  State's  landed  endowment  at  a  time  when,  as  sug- 
gested by  President  Lamar,  the  domain  was  ample  for 
the  purpose,  Texas  probably  would  not  even  yet  have 
a  State  University,  unless  the  federal  donation  for 
establishing  agricultural  colleges,  operating  as  it  has  in 
other  fetates,  had  induced  this  State  to  convert  the 
college  at  Bryan  into  a  b^tate  University,  with  the 
department  required  by  the  federal  statute  to  entitle  it 
to  national  support. 

What  the  University  most  needs  now,  is  to  give  it  a 
tendency  to  the  more   practical    in  education,  not  in 


THE  UNIVERSITY   OF  TEXAS.  291 

such  lines  as  are  well  enough  supplied  by  what  are 
commonly  called  "business  or  commercial  colleges," 
and  the  usual  denominational  institutions,  but  in  those 
departments  of  learning,  such  as  architecture,  engineer- 
ing and  technical  work,  to  develop  inventive  genius, 
which  require  more  difficult  and  expensive  means  of 
instruction  such  assuperior  university  appliances  and  re- 
sources only  can  afford;  in  a  word,  a  technological  depart- 
ment, or  science  school  of  the  highest  character,  like 
those  at  some  of  the  Northern  universities.  This  might 
be  best  accomplished,  perhaps,  if  all  interests  could  be 
reconciled  to  the  change,  by  removing  the  Agricultural 
and  Mechanical  College  from  Bryan,  and  enlarging  its 
scope  and  outfit  at  Austin.  That  would  unquestion- 
ably give  a^  more  popular  aspect  to  the  University,  and 
is  what  is  most  needed  to  meet  public  expectation. 

In  course  of  time  the  University's  departments  might 
be  developed  for  special  research  in  more  abstruse  in- 
vestigations, as  at  the  Johns  Hopkins  University,  but 
the  aim  should  be  to  establish  every  department  under- 
taken on  a  firm  basis,  rather  than  permit  a  multiplicity 
of  imperfectly  developed  branches  which  will  require 
constant  pruning  to  prevent  caducity,  and  will  only 
add  to  the  expense  without  contributing  to  the  reputa- 
tion of  the  University.  Separate  buildings  for  a  chem- 
ical laboratory,  geological  cabinet,  astronomical  ob- 
servatory, and  engineering  school,  a  gymnasium  and 
ladies  arts  department  are  contemplated,  as  the  income 
of  the  University  permits.  These  and  endowments  of 
special  professorships  might  well  be  the  work  of  indi- 
vidual munificence,  as  at  other  institutions  in  the  coun- 
try, to  perpetuate  the  names  and  liberality  of  the  bene- 
factors. Such  benisons  will  doubtless  come  in  time 
from  some  of  the  rich  men  of  the  country ;  but  it  is  to  be 
hoped  they  will  come  soon,  while  they  are  so  much 
needed,  and  while  the  donors  li\'e,  as  did  Governors 
Brown,  Gilmer  and  Milledge  of  Georgia,  and  Peabody, 
Tulane,  Vanderbilt,  and  others,  to  perfect  and  enjoy 
their  bequests.  The  Georgia  Governors*  donations 
were  all  to  the  Georgia  University,  that  of  Governor 
Brown  being  $5U,0U0.  Mr.  Tulane's  gifts  in  money, 
and  real  estate  in    New  Orleans,  to  the   University  of 


292  THE  UNIVEKSITY   OF  TEXAS. 

Louisiana,  producing  an  annual  revenue  of  $70,000, 
were  so  highly  appreciated  as  a  public  benefaction  that 
the  Legislature  was  induced  to  honor  the  donor  by  re- 
chartering  it  as  ''The  Tulane  University  of  Louisiana." 

All  are  familiar  with  the  princely  beneficence  of 
George  Peabody  in  establishing  the  Peabody  educa- 
tional fund,  and  the  more  recent  magnificent  endow- 
ments by  the  Vanderbilts  of  over  one  million  dollars  in 
money,  by  Johns  Hopkins  of  over  three  millions  in 
money  and  property,  and  Leland  Sandford's  consecra- 
tion of  $.!0,OUO,OOU  of  his  estate  for  the  establishment, 
in  their  respective  family  names,  of  the  ''Vanderbilt," 
the  "Johns  Hopkins,"  and  the  "Leland  Sanford,  Jr.,'' 
Universities,  not  to  mention  older  as  well  as  some  re- 
cent remarkable  donations  from  Prof.  Loomis,  Alvin 
Clark  and  others,  and  Mr.  John  R.  Kockfelder's  report- 
ed intention  to  devote  $20,000,000  for  the  establish- 
ment of  a  Universiry  and  science  schools  in  Chicago, 
New  York  or  Philadelphia,  and  his  gift  already  of  one 
million  dollars  for  the  new  universities  at  Chicago 
and  New  York.  Peabody  wisely  put  his  benefactions 
into  operation  so  as  at  once  to  realize  their  beneficent 
results.  So  did  Commodore  Vanderbilt,  Paul  Tulane, 
George  Seney,  and  many  others  whose  liberality  has 
been  e:\tended  since  the  war  to  colleges  and  universi- 
ties where  they  are  so  much  needed  in  the  tSouth;  not 
always  bearing  the  donor's  name,  and  some  of  them  to 
State  universities,  and  in  the  case  of  Senator  Sanford, 
while  he  is  still  living,  and  devoting  his  great  admin- 
istrative energies  as  well  as  most  of  his  massive  fortune 
to  perfecting,  in  his  son's  name,  one  of  the  grandest 
monuments  that  wealth  can  devise. 

While  such  gifts  of  educated  men,  and  their  efforts 
to  afford  the  highest  educational  advantages  to  others, 
are  marks  of  their  appreciation  of  such  adv^antages, 
they  are  a  still  higher  argument,  when  coming  from  the 
uneducated,  of  their  own  need  of  better  education,  and 
the  higher  the  better.  Their  success  as  affected  by 
educational  conditions  will  always  be  more  or  less 
circumscribed,  no  matter  what  may  be  their  acquisitions 
in  more  mercurial  channels.  Such  men,  if  honest  with 
themselves,  must  admit  their  general  need  of  a  broader 


THE  UNIVERSITY  OB^  TEXAS.  293 

education  for  their  easier  if  not  greater  success,  even  in 
money  making,  while  at  the  same  time  better  promoting 
their  social  standing  and  other  interests,  which  tliey 
would  have  enjoyed,  and  some  of  thera  quite  as  much 
as  their  business  pursuits.  Hence  their  magnificent 
gratuities  in  behalf  of  schools,  colleges,  and  more  espe-* 
cially  universities. 

As  for  the  University  of  Texas,  its  endowment  will 
some  day  produce  a  large  available  fund,  but  just  now 
such  donations  as  have  been  bestowed  upon  the  Uni- 
versity of  Virginia  would  be  godsends — such  as  Mr. 
Corcoran's  $100,000  to  endow  professorships,  i\ir.  Brooks' 
$68,000  to  establish  the  Brooks  museum  of  natural 
history,  and  Mr.  McCormick's  $6S,000  for  the  McCor- 
mick  astronomical  observatory,  and  other  gifts,  alto- 
gether aggregating  over  $600,000,  since  the  war! 

It  is  interesting  to  notice  in  this  connection  that 
recent  publications  of  the  department  at  Washington 
are  attracting  more  general  attention  from  the  press  and 
the  public  as  to  the  subject  of  university  education. 

"Many  inquiries,"  says  Commissioner  Dawson,  "are 
coming  from  statesmen  and  educators  for  information 
on  the  subject  of  higher  education.  There  is  a  desire 
on  the  part  of  the  scholars  in  each  State  to  see  what 
has  been  done  in  other  States,  that  mistakes  may  be 
avoided  by  experience  and  the  best  plans  and  models 
followed.  There  is  likewise  a  general  desire  for  a  closer 
study  of  school  management  and  school  systems,  based 
on  wider  information  and  more  careful  comparison  of 
methods  and  results.  The  financial  and  legislative 
history  of  education  turnishes  a  foundation  for  such 
study  and  comparison.  The  successful  management  of 
the  means  of  education  is  of  prime  importance ,  without 
which  there  is  danger  of  complete  failure;  The  control 
of  the  budget  is  the  control  of  the  State;  this  principle 
applies  to  institutions  as  well  as  to  nations.  State 
education  has  taken  a  strong  hold,  particularly  in  the 
South  and  West;  but  the  problems  pertaining  to  its 
management,  its  functions  and  its  support  have  not  yet 
been  fully  solved." 

The  natural  prcjferenoe  of  most  of  the  States  in  their 
early  orj^anization   for  the  common  schools,  and  their 


294  THE  UNIVERSITY  OJ?'  TEXAS. 

persistent  disposition  to  make  them  suffice,  indepen- 
dently of  universities,  for  the  educational  wants  of  the 
people,  so  far  as  such  wants  were  objects  for  j^overn- 
mental  concern,  was  one  of  the  great  difficulties  with 
which  Jeffi:*rson  had  to  contend  in  establishing  the 
University  of  Virginia;  though  even  he,  in  all  his  fifty 
years  struggles  in  its  behalf,  never  advocated  university 
education  at  the  expense  of  the  common  schools. 

The  higher  the  sources  of  knowledge  certainly  the 
better  must  be  the  information.  The  colleges  do  not 
seek  instructors  from  the  academies,  or  the  universities 
look  to  the  colleges  for  professors:  nor,  on  the  other 
hand,  are  the  public  school  authorities  content  to  place 
their  schools  solely  in  charge  of  teachers  whose  educa- 
tion has  been  limited  to  the  common  schools  or  even 
the  city  high  schools,  excellent  as  are  some  of  the 
latter.  How  illogical,  then,  the  assumption  that  a 
State  should  confine  its  appropriations  to  the  simple 
support  of  public  schools,  leaving  the  establishment  of 
higher  institutions  of  learning  to  individual  enterprise! 

As  to  university  education  itself,  Jefferson's  views  are 
quite  suggestive  to  this  day.  "jSome  good  ii^en,  and 
even  men  of  respectable  information,"  he  said,  "con- 
sider the  learned  sciences  as  useless  acquirements;  some 
think  they  do  not  better  the  condition  of  men,  and 
others  that  education,  like  private  and  individual  con- 
cerns, should  be  left  to  private  individual  effort,  not 
reflecting  that  an  establishment,  embracing  all  the 
sciences  which  may  be  useful  and  even  necessary  in  the 
various  avocations  of  life,  with  the  buildings  and  appa- 
ratus belonging  to  each,  is  far  beyond  the  reach  of 
individual  means,  and  must  either  derive  existence 
from  public  patronage  or  not  at  all.  This  would  leave 
us,  then,  without  those  callings  which  depend  on  edu- 
cation, or  send  us  to  other  countries  to  seek  the  instruc- 
tion required.'"' 

Since  Jefferson  thus  wrote,  private  endowments  of 
universities,  such  as  Leland  Sanford's,  have,  in  a  few 
rare  instances,  exceeded  the  possible  conceptions  of 
Jefferson  as  to  what  private  enterprise  might  do  in  that 
direction.  The  exceptions  of  sufficienlly  large  private 
donations,   however,  to  found  anything  like  complete 


THE  UNIVERSITY  OB^  TEXAS.  296 

universities,  have  been  so  rare  as  to  hardly  affect  the 
force  of  Jefferson's  aigumetit  that  government  aid  is 
requisite  for  founding  and  the  proper  equipment  and 
maintenance  of  universities  of  proper  resources.  Tlie 
time  may  come  too,  as  Dr.  Adams  has  suggested,  when 
Washington's  idea  of  a  National  University,  to  be  par 
excellence,  by  reason  of  national  support,  the  univer- 
sity surpassing  all  others  in  the  whole  country,  will 
result  in  something  more  than  the  suggestions  of  the 
naval  and  military  academies  and  the  agricultural  col- 
leges established  by  federal  provision.  A  grand  civic 
institution  of  the  broadest  and  most  comprehensive 
scope  for  instruction  in  government  policy,  and  of  the 
highest  culture  in  the  arts  and  sciences,  may  yet  be 
established  at  the  national  capital,  or  some  important 
educational  center  of  the  country,  excelling  even  the 
universities  of  Berlin  and  Oxford.  As  "one  sun  is  bet^ 
ter  than  a  thousand  stars''  one  grand  national  educa- 
tional establishment  may  be  better  than  a  hundred 
State  universities,  or  one  grandly  endowed  State  insti- 
tution of  learning  better  than  scores  of  so-called  uni- 
versities, dependent  upon  individual  munificence;  and 
hence  the  propriety  of  private  bequests  and  donations 
to  well  established  State  institutions,  as  not  so  likely 
to  prove  ephemeral  while  adding  all  the  more  to  their 
advantages  and  completeness. 

Just  as  the  common  schools  are  necessary  for  the 
education  of  certain  classes  of  tiie  people,  universities 
are  equally  necessary  to  afford  the  higher  education 
which  other  classes  have  the  right  to  expect  of  the 
State,  and  neither  the  State  nor  the  general  govern- 
ment should  rest  satisfied  with  furnishing  to  its  citizens 
anything  short  of  the  finest  educational  institutions 
that  can  be  devised  to  promote  the  general  welfare, 
which  can  only  be  done  by  subserving  the  interests  of 
all  conditions  of  society  and  establishing  universities 
to  meet  special  necessities  of  certain  classes  as  well  as 
common  schools  for  the  more  general  requirements  of 
the  masses.  And  this  for  the  reason  that  as  the  taxes, 
riot  alone  of  the  rich,  but  the  rich  as  well  as  the  poor, 
support  the  common  schools  for  the  common  advan- 
tage, though  mainly    for  the    poor,  so  a  share  of  the 


a9<3  THE   UNIVERSITY    OK  TEXAS. 

same  taxes  should  be  made  to  support  universities,  even 
if  they  in  turn  do  happen  to  benefit  the  rich  more 
than  the  poor,  since  the  government  is  constituted  for 
the  common  interests  of  all  concerned  in  its  adminis- 
tration. But  while  this  is  true  as  to  the  policy  of  the 
government  as  to  educational  institutions,  all  that  pri- 
vate enterprise  can  do  in  the  same  direction  is  equally 
commendable,  whether  by  donations  for  the  specific 
purposes  stated  or  general  endowments,  which  would 
perpetuate  the  names  and  liberality  of  the  donors  far 
more  enduringly  than  monumental  shafts  or  grandly 
arched  mausoleums.  What  more  noble  and  enduring 
than  Louisiana's  tribute  to  Paul  Tulane,  in  incorporate 
ing  his  name  Avith  the  University  of  JiOuisiana? 

Private  donations  to  the  University  of  Virginia,  even 
since  the  war,  aggregate  as  stated  over  $GOO,(i(JO;  to  the 
University  of  Texas,  only  some  books  fur  the  library, 
except  the  Brackenridge  donations,  and  indirectly  the 
donation  of  Mr.  Sealy  of  Galveston,  resulting  from  a 
povision  in  his  will  of  a  general  character,  but  special- 
lyexercised  by  the  executor  of  his  estate,  his  brother 
Mr.  George  Sealy,  towards  putting  the  medical  depart- 
ment into  operation  in  that  city.  Donations  of  books 
probably  amount  to  $2,000  or  $3,000  including  some 
rare  and  very  costl}^  works  presented  by  Mr.  John  H. 
Inman  of  New  York. 

It  is  to  be  hoped  that  other  generous  benefactors  will 
remember  the  Universitj^  of  Te.xas,  as  Brackenridge 
and  Sealy  have  done,  and  as  Tulane  remembered  the 
University  of  Louisiana,  and  Brooks,  AlcCormick,  Van- 
derbilt  and  others  have  remembered  the  University  of 
Virginia,  all  with  grand  donations.  May  private 
munificence  in  the  same  way  further  co-operate  with 
this  State  in  making  the  Texas  University  such  a  suc- 
cess that  not  only  will  the  people  be  proud  of  their 
State  University,  but  her  honors  will  be  appreciated  as 
highly  by  the  youth  of  Texas  as  the  diplomas  of  the 
finest  educational  institutions  in    America  or   Europe. 

As  to  government  aid  to  higher  education:  "How 
many  of  our  people,"  says  a  distinguished  university 
president,  Dr.  Adams,  ''know  that  one  of  the  minor 
universities  of  Great  Britain  has  recently  completed  a 


THE   UNIVERSITY  OF  TEXAS.  39T 

collegiate  building  at  a  cost  of  $2,430,000,  not  to  speak 
of  the  $4,000,01)0  that  were  put  into  the  Polytechnicum 
at  Charlottenburg.  *  *  *  And  of  those  who  sup- 
pose that  needless  sums  are  expended  by  Harvard,  Yale 
and  Cornell,  how  many  know  that  the  little  kingdom 
of  8axony,  only  half  as  large  as  Vermont,  gives  from 
its  public  treasury  annually  $400,000  to  its  university, 
although  the  institution  itself  has  great  wealth  and  the 
professors  are  supported  mainly  by  the  fees  of  stu- 
dents." 

Further  along  Dr.  Adams  argues  that,  comparatively 
speaking,  there  is  not  a  single  fully  endowed  institution 
of  learning  in  America,  and  that  as  long  as  this  is  the 
case  American  students  will  continue  to  flock  to  Euro- 
pean universities.  "  Let  us  remember,"  he  adds,  ''  that 
the  richest  of  our  educational  institutions  has  an  in- 
come not  much  larger  than  that  of  a  single  one  of  the 
twenty-four  colleges  constituting  the  Universitv  of 
Oxford." 

Like  the  regents  of  Dartmouth  College,  when  plead-^ 
ing  against  the  proposition  to  change  the  charter  and 
name  of  that  college  and  make  it  "  The  University  of 
New  Hampshire,"  the  regents  of  the  Texas  University 
have  fully  realized,  as  every  one  connected  with  it 
should  realize  with  them,  that  the  University  does  not 
belong  to  them;  that  it  is  in  no  sense  an  independent 
entity  as  long  as  it  is  not  a  chartered  institution,  and 
that  they  'have  no  interest,  other  than  that  of  the 
State,  in  its  affairs  and  management."  As  argued  in 
the  Twentieth  Legislature.  "  the  State  can  tear  down  its 
walls  and  utterly  destroy  it;"  but  while  this  is  true, 
and  so  many  legislators  seem  to  relish  the  fact,  and 
while  consequently  there  is  no  use  to  recalcitrate  by 
kicking  against  the  State's  sovereignty  and  prerogatives 
in  any  matter  except  where  there  is  interference  with 
vested  individual  rights,  such  as  are  protected  by  the 
federal  constitution,  the  regents  have  the  duty  imposed 
upon  them,  as  agents  for  the  people  and  for  the  estate, 
entrusted  with  the  care  of  a  State  University,  to  plead 
for  it  and  protest  against  usurpation  and  injustice  by 
the  State  or  any  other  power;  and  especially  to  protest 
against  what  has   been   so  conveniently  denominated 


298  THE  UNIVERSITY  OF  TEX  A  8 

"justified  diversion"  of  its  funds  by  the  Legislature, 
when  there  was  really  no  war  exigency  or  other  great 
emergency  to  justify  any  diversion  whatever,  and  when 
at  the  time,  no  matter  how  justified  any  diversion  of  the 
funds  may  have  been,  the  State  was  ampl}^  able  and 
should  have  restored  them  to  the  University.  This  is  no 
impudent  demand,  but  their  duty  as  representatives  of 
a  State  University,  both  to  the  State  and  to  the  Univer- 
sity. 

And  since  the  Legislature  seems  unwilling  to  "divorce 
the  University"  from  the  State  by  chartering  it  and 
giving  the  i  egents  entire  control  of  its  resources, and  it  is 
thus  subject  to  the  whimsical  tergiversation  of  succeed- 
ing  Legislatures,  let  the  sovereignty  of  this  great  State 
be  invoked  through  the  graciousness  of  its  law  making- 
power,  the  Legislature,  to  take  it  as  her  own  State  insti- 
tution more  fully  to  heart  as  a  matter  of  State  pride, 
and  provide  by  act,  or  for  a  constitutional  amendment 
if  necessary,  to  make  its  endowment  more  actively 
available  by  issuing  for  its  benefit,  say  three  or  four,  or 
even  five  million  dollars,  five  per  cent  twenty  to  fifty 
years  bonds,  and  holding  the  University  lands  in  trust 
for  the  interest  and  sinking  fund,  and  eventual  payment 
of  the  bonds  by  means  of  the  increased  value  of  the 
lands.  Thus  secured  by  the  pledge  of  two  million 
acres  of  land,  leased  say  at  three  cents  an  acre  and 
producing  an  annual  revenue  of  1^0,000,  no  better 
security  could  be  offered  for  investment,  the  State  would 
not  have  to  pay  one  cent  for  the  bonds  or  make  further 
appropriations  for  the  University  or  any  of  its  branches, 
the  institution  will  be  at  once  provided  with  available 
funds  ample  for  the  establishment  of  all  departments 
necessary  to  make  it  "a  first  class  University;"  and  in 
the  meantime  its  lands  wnll  have  been  reserved  from 
sale  till  their  four  fold  enhancement  in  value  will  make 
them  the  source  of  large  available  revenues  and  a  most 
magnificent  fund  for  the  University's  permanent  en- 
dowment. Thus,  without  a  dollar's  actual  outlay,  the 
University  may  at  once  be  constituted  the  crowning 
glor}'  of  the  State's  grand  educational  system;  and 
certainly,  since  knowledge  is  one  of  the  greatest  powers 


THE  UNIVERSITY  OP  TEXAS.  -.^99 

of  government,  the  State  could  not  pledge  its  faith  to  a 
nobler  enterprise  for  its  own  educational  interests  and 
political  welfare. 

UNIVERSITY    ADDRESSES. 

The  magic  effects  of  munificence  to  universities  are 
beautifully  pictured  in  an  allusion  to  Cornell  Univer- 
sity by  Col.  Wm.  Preston  Johnston,  President  of  Tu- 
lane  University,  in  an  elegant  address  at  the  Texas 
University  commencement  in  June,  18S4: 

"My  visit  to  Cornell  was  a  lesson  in  educational  sci- 
ence. Ou  a  lofty  bench  or  plateau,  scooped  from  the 
rugged  mountain  side  and  overlooking  Lake  Cayuga, 
is  planted  this  now  famous  inftitulion  of  learning. 
At  the  foot  of  the  mountain  nestles  Ithaca,  a  beautiful 
city  of  some  twenty  thousand  inhabitants.  Above  it, 
like  the  noble  forehead  to  some  fair  statue,  rises  the 
University  with  its  grand  assemblage  of  stately  and 
beautiful  halls,  museums  and  laboratories,  its  groups  of 
mansions  and  cottages,  the  homes  of  the  professors;  its 
spacious  campus  and  wild  background  of  woodland. 
The  art  gallery  stands  poised  on  a  bold  promontory, 
with  a  long  vista  of  lake  and  sedgy  shore  and  embat- 
tled hills,  against  which  the  hosts  of  heaven  rolled  with 
alternate  sunburst  and  lowering  front — a  fairy  scene 
worthy  the  wand  of  an  arch  magician.  Indeed,  this 
art  gallery,  the  bequest  of  a  sainted  lady,  seemed,  in 
its  architectural  suggestions  of  beauty,  beneficence  and 
bliss,  like  a  dream  of  happiness  embodied  in  monu- 
mental stone.  This  marvelous  city  of  the  sciences  had 
been  summoned  into  being  within  fifteen  years,  1  have 
descr  bed  it  as  worthy  the  wand  of  an  arch  magician; 
that  magician  was  enlightened  enthusiasm,  and  the 
wand  with  which  the  miracle  was  wrought  was  the  golden 
rod  of  wealth,  with  its  mighty  powers  of  transmuta- 
tion." 

In  that  address  Col.  Johnston  also  made  some  excel- 
lent suggestions  from  his  own  experience  and  observa- 
tions as  to  university  management.  He  favored  large 
boards  of  regents,  as  being  less  liable  to  form  "cliques,'^ 
or  get  under  outside  "  ring  influences ; "  and  argued  that 
the  less  a  legislature  or  State  executive  has  to  do  with 


300  THE  UNIVERSITY  OF  TEXAS. 

the  management  of  a  university,  the  better  for  both, 
citin^Tf  as  a  special  instance  of  the  great  detriment  to 
State  institutions  from  such  interference,  the  readjust- 
ment acts  of  the  "repudiators"  of  Virginia,  affecting 
the  Virginia  University  and  other  State  institutions. 
In  his  opinion,  "the  best  mode  to  secure  a  wise  and 
consistent  policy,  was  by  charter  in  the  form  and  nat- 
ure of  a  contract,  so  as  to  remove  discussion  of  univer- 
sity affairs  from  political  to  judicial  tribunals."  The 
faculty  he  regarded  as  the  'soul  of  a  university, "  and 
to  secure  success  it  should  be  composed  of  men  who 
are  "intellectual  athletes"  and  "moral  heroes."  "A 
large  and  well  selected  library,  properly  used  and  in 
the  hands  of  a  trained  and  enthusiastic  librarian,  was 
growing  to  be  one  of  the  most  effective  agencies  in 
university  education;"  and,  as  the  speaker  expressed 
it,  "the  claims  of  Professor  Biblos  and  Assistant  Pro- 
fessor liibellus,  who  fill  the  chair  commonly  known  as 
the  library,  should  not  be  neglected.  In  their  recita- 
tion room,  the  library,  and  its  quiet  precincts,  bobks 
are  wonderful  teachers,  bringing  the  patient  and  in> 
quiring  student  face  to  face  with  the  mighty  thinkerfs 
of  the  world." — [Address  published  by  the  University.] 

[Address  of  Dr.  Waggeuer.] 

The  following  admirable  and  suggestive  lecture  by 
Dr.  Leslie  Waggener,  chairman  of  the  faculty,  on  the 
subject  of  "The  University  and  the  State,"  delivered  by 
him  January  28,  18.^7,  gives  an  interesting  review  of 
the  institution  as  compared  with  other  universities: 

'•When  Leyden  was  invested  by  the  Spaniards  in 
1574,  William,  the  Silent,  relieved  the  city,  as  all  the 
world  knows,  by  cutting  the  dikes  and  flooding  Hol- 
land with  the  waters  of  the  North  sea.  The  grateful 
habitants  thereupon  resolved  to  commemorate  in  some 
suitable  way  their  deliverance,  and  tn  perpetuate  in 
the  memory  of  mankind  the  heroism  of  those,  of  their 
fellow  citizens,  who  had  fallen  victims  to  famine,  pesti- 
lence and  the  sword  of  the  enemy.  Their  country  was 
still  cursed  with  a  desolating  war;  their  fields,  wave- 
swept  and  flooded,  were  yet  unfit  for  tillage;  their  grass 
grown  streets,  and  their  broken,  unused  canals  were  in 


THE  UNIVERSITY  OF  TEXAS.  301 

no  plight  for  corrimerce,  and  the  air  of  their  city  where 
so  many  thousand  had  died  of  the  plague,  was  still  in-« 
fected  with  the  germs  of  disease.  Under  these  circum- 
stances it  seems  strange  that  they  should  have  had  any 
thought  other  than  the  thought  of  how  they  might  the 
sooner  recover  their  former  prosperity.  Yet  the  tact 
remains  that  in  less  than  three  months  after  the  seige 
was  raised  steps  were  taken,  not  to  repair  the  waste  of 
flood  and  fire  and  disease,  but  to  erect  a  memorial 
worthy  of  their  heroic  defense,  and  of  their  remarkable 
escape.  And  what  was  decided  upon  as  the  memorial? 
Nothing  less  than  a  university!  Those  men  of  Ley- 
den,  gaunt  from  famine,  poverty-stricken  and  battle- 
scarred,  resolved  that  a  university  should  be  forthwith 
endorsed  and  established  within  their  walls.  Thus  was 
founded,  after  the  darkest  hour  of  the  city's  history, 
the  University  of  Leyden.  Three  hundred  years  have 
gone  by  since  the  siege  of  this  ancient  city,  ^^et  to-day 
its  chief  ornament  and  glory  is  its  university.  Emi~ 
nent  men  from  all  the  countries  of  Europe  have  been 
connected  with  it,  and  the  world  of  letters  is  indebted 
to  the  self-denying  wisdom  of  the  burghers  of  Leyden 
for  the  labors,  among  others,  of  Saliger,  Arminius, 
Grotius  and  Descartes. 

"In  view  of  the  fact  that  civic  vanity  must  have  sug- 
gested some  triumphal  arch,  or  monumental  pile;  and 
in  consideration  of  the  fact  that  fire,  famine  and 
slaughter  had  devoured  their  wealth,  the  endowment 
of  a  university  by  the  citizens  of  Leyden  for  the  benefit 
of  posterity,  was  simpl}^  sublime.  I  can  rec^ill,  in  the 
history  of  the  world,  but  one  incident  similar  in  its 
unaffected  grandeur,  and  that  incident  occurred  in  the 
early  history  of  Texas.  And  in  acknowedgement  of 
what  we  to-day  owe  those,  the  benefits  of  whose  labor 
we  enjoy,  let  me  relate  the  incident  here:  An  act  \vas 
passed  in  January,  1839,  by  the  Congress  of  the  Re- 
public of  Texas,  setting  aside  fifty  leagues  of  land  for 
university  education.  This  was  while  the  Republic 
was  still  an  experiment;  while  the  route  of  Santa  Ana 
and  General  Cos  through  the  Southern  part  of  the  State 
could  still  be  traced  by  the  litter  of  their  camps;  while 
the  war  with  Mexico  wasstill  smoldering,  and  tin;  war  with 


30-^  THE  UNIVERSITY  OF  TEXAS. 

the  Indians  was  kindling  the  entire  frontier  into  flames. 
Texas  was  without  an  army  and  without  a  navy;  there 
was  no  money  and  less  cn-dit;  nevertheless,  time  was 
found  by  the  Congress  of  '3^  to  discuss,  and  men  were 
present  to  mature  a  plan  by  which  provision  was  made 
for  liberal  learning.  In  some  respects  this  is  a  more 
remarkable  fact  than  the  action  of  the  citizens  of  Ley- 
den.  Holland,  in  the  iSixteenth  century  was  an  old 
country;  Texas  in  the  beginning  of  the  Nineteenth  was 
a  new  country.  In  the  former  there  were  already  pop- 
ulous citit'S,  numerous  canals,  and  a  soil,  ever}^  acre  of 
which  was  tillable  and  tilled.  In  the  latter  there  were 
no  cities,  no  means  of  internal  communication,  and  the 
virgin  soil,  whether  covered  with  forest  or  carpeted 
with  grass,  was  just  beginning  to  be  cleared  by  the  axe 
and  broken  with  the  plow.  It  seems  that  in  view  of 
these  facts  the  endowment  of  a  university  might  have 
been  delayed  at  least  until  the  young  republic  was 
fairly  on  its  feet;  until  at  least  the  physical  obstacles 
in  the  way  of  gaining  livelihoods  and  of  building 
homes  might  be  removed.  But  the  founders  of  the 
republic  thought  otherwise.  The}^  did  not  take  into 
consideration  even  the  fact  that  students  of  sufficient 
advancement  to  enter  a  university  were  not  in 
Texas.  From  the  time  of  its  inception  in  tha 
act  of  '39  to  the  time  of  its  Cbtablishment  by 
the  act  of  '81,  the  University  was  the  object  of 
repeated  legislation,  and  of  anxious,  watchful  solici- 
tude. Its  endowment  was  l^gely  increased  by  the 
act  of  '5H,  and  its  establishment  as  a  "Universit}'-  of 
the  first  class,"  was  directed  by  the  constitution  of  '78. 
The  preamble  to  the  act  of  '58,  written  by  Lewis  T. 
Wigfall,  then  a  State  Senator,  afterwards  United  States 
Senator,  declares  that  ''from  the  earliest  times  it  has 
been  the  cherished  design  of  the  people  of  the  Eepublic 
and  of  the  S'ate  of  Texas  that  there  shall  be  established 
within  her  limits  an  institution  of  learning  for  the  in- 
struction nf  the  youths  of  the  land,  in  the  higher 
branches  of  learning  and  in  the  liberal  arts  and  sciences, 
and  to  be  so  endowed,  supported  and  maintained  as  to 
place  within  the  reach  of  our  people,  whether  rich  or 


THE   UNIVERSITY  OF  TEXAS.  303 

poor,  the  opportunity  of  conferring  upon  the  sons  of 
the  State  a  thorough  education." 

''1  take  it  the  sentiment  of  this  preamble  was  the 
sentiment  of  the  friends  of  learning  in  the  constitu- 
tional convention  of  '75,  when  it  was  enacted  and  made 
a  part  of  the  fundamental  law  of  the  land  that  this 
University  sliould  be  a  "University  of  the  first  class." 
I  take  it  the  sentiment  of  this  preamble  is  the  senti- 
ment to-day  of  the  friends  of  learning  and  knowledge 
and  culture,  who  are  scattered  all  over  this  great  .State. 
We  all  believe  and  maintain  "that  a  State  University 
should  be  dedicated  and  consecrated  to  the  cause  of 
higher  learning,  and  should  be  so  endowed,  supported 
and  maintained  as  to  place  within  the  reach  of  our 
people,  whether  rich  or  poor,  the  opportunity  of  con- 
ferring upon  their  sons  and  daughters  a  thorough  edu- 
cation. 

"It  may  be  pertinent  to  ask  if  it  is  best  for  the  State 
to  educate?  Was  it  Avise  in  those  men  of  '39  and  '58 
to  assume  on  the  part  of  the  kState  the  burden  of  edu* 
cation?  Would  it  not  have  been  better  to  relegate  the 
instruction  of  the  young  to  individual  effort,  or  to  co- 
operative and  individual  efforts  such  as  is  put  forth  in 
all  our  States  by  the  larger  religious  denominations? 
These  are  honest  questions  and  they  deserve  a  straight- 
forward, honest  answer.  The  question  of  State  aid  in 
education  may  be  profitably  divided.  In  the  first  place, 
is  it  best  for  the  State  to  engage  in  the  work  of  primary 
education?  In  the  second  place,  is  it  best  for  the  State 
to  provide  what  is  known  as  higher  education?  So  far 
as  the  first  question  is  concerned,  the  time  has  gone  by 
when  it  was  necessary  to  discuss  it.  Only  two  classes 
of  people  now  openly  oppose  free  schools.  One  class 
oppose  them  on  the  ground  that  they,  the  opposers,  have 
no  children,  or  they  prefer  to  pay  for  the  education  of 
their  children,  and  therefore  it  is  intrinsically  unjust  to 
tax  them  to  educate  other  people's  children;  forgetting 
that  they  are  liable  to  be  much  more  heavily  taxed  to 
punish  other  people's  children.  The  other  class  oppose 
free  schools  on  the  ground  that  the  establishment  of  a 
system  of  common  schools  is  an  exercise  of  a  supervise 
ory  right  more  consistent  with  a  parental  right  than 


304  THE  UNIVERSITY  OF  TEXA.^. 

with  a  republican  form  of  government;  forgetting  that 
the  same  objection  lies  against  asylums,  hospitals  and 
the  guardianship  of  wards  by  courts  of  chancery. 

"The  principles  that  are  cited  in  support  of  iree  schools 
are  generally  two :  economy  and  safety.  The  education 
of  the  child  is  cheaper  than  the  punishment  of  the 
criminal ;  and,  where  every  man  votes,  the  safety  of  the 
State  demands  inUilligence  in  the  voter.  I  believe  there 
is  a  third  principle  which  may  be  adduced  in  support 
of  free  schools,  more  fundamental  than  either  of 
these.  I  believe  the  State  or  organized  society  owes  the 
child  a  primary  education,  in  consideration  of  the  de- 
mands liable  to  be  made  upon  him  as  a  citizen.  It  is 
not  necessary  to  elaborate  these  propositions.  Free 
schools  have  come  to  stay,  and  the  man  who  opposes 
them  writes  himself  a  relic  of  an  antediluvian  world 
which  the  flood  of  public  opinion  has  long  ago  swept 
away.  The  second  question  is  as  follows:  Is  it  not 
better  to  relegate  higher  instruction  to  individual  effort, 
or  more  especially  to  the  cumulative  effort  of  the  sev- 
eral religious  denominations?  Is  it,  strictly  speaking, 
in  keeping  with  the  legitimate*functions  of  State  to  pro- 
vide a  University  where  young  men  and  women  can  be 
taught  free  of  charge  Latin,  Greek,  French,  mathematics 
and  the  sciences?  To  the  last  form  of  this  question 
many  people  answer  "no;''  and  it  is  proper  to  state,  as 
briefly  as  the  case  will  admit,  the  opinion  of  those  of 
us  who  think  otherwise. 

"I  take  it  that  the  true  purpose  of  government  is  to 
do  for  the  eqnal  benefit  of  all,  such  things  as  can  be 
better  done  by  organized  society  than  by  individuals. 
There  are  two  tests,  then,  by  which  to  judge  of  the 
legitimacy  of  State  interference  in  higher  education. 
First,  can  the  work  be  better  done?  Second,  can  the  equal 
benefit  of  all  be  secured  only  through  the  agency  of 
the  State?  If  I  can  show  that  these  questions  must  be 
answered  in  the  affirmative,  I  shall  have  proved  the 
proposition  that  the  State  should  provide  for  the 
higher  education  of  its  3^oung  men  and  young  women. 

"In  the  first  place,  can  the  work  bebetterdone  by  the 
State  than  by  individuals,  or  the  several  religious  de- 
nominations'?    The  relative  excellence  of  the  large  in- 


THE  UNIVERSITY   OF  TEXAS.  306 

stitutions  of  learning  now-a-days  is  largely  a  question 
of  money.  Universities  of  the  first  class  are  costly 
things.  Buildings,  substantial  and  commodious,  must 
be  erected.  Apparatus  and  laboratories  and  libraries 
must  be  equipped  and  kept  constantly  abreast  with  the 
times.  Faculties  for  all  the  great  departments  of  human 
learning  must  be  organized  and  constantly  widened  to 
keep  pace  with  the  growth  of  human  investigation  and 
research.  To  meet  the  large  expenditures  necessary  by 
these  features  of  a  university,  and,  at  the  same  time, 
not  to  bear  too  heavily  on  the  part  of  the  community, 
is  a  problem  to  be  solved.  It  will  not  do  to  depend  on 
individual  effort.  Now  and  then  an  individual,  as 
iSanford  of  California  or  Johns  Hopkins  of  Maryland, 
leaves  his  fortune  to  found  a  university,  but  these  are 
isolated  cases.  Such  gifts  are  seldom  made,  and  when 
made  are  often  hampered  with  conditions  and  limited 
by  restrictions.  It  will  not  do  to  depend  on  the  efforts 
of  the  religious  denominations.  Experience  has  abund- 
antly shown  that  they  are  not  able,  or  not  willing,  to 
endow  their  institutions  as  they  should  be  endowed. 
If  the  report  of  the  commissioner  of  Education  at 
Washington  is  to  be  relied  upon,  there  are  289  secta- 
rian schools  in  the  United  States  ranking  as  high  as 
colleges  and  universities — 190  in  the  Northern  ^States 
and  99  in  the  Southern  States.  Out  of  the  entire  289 
only  13  have  an  income  of  over  $30,000.  Of  the  99 
sectarian  colleges  and  universities  of  the  South  only 
one  has  an  income  of  over  $20,000.  On  the  other 
hand,  the  State  universities  are  generously  supported. 
The  Universitv  of  Virginia  has  in  round  numbers  an 
income  of  $90^000;  University  of  California,  $102,000; 
University  of  Pennsylvania,  $120,000;  University  of 
Michigan.  $140,000.  and  Cornell  University.  $200,'C00. 
If  the  excellence  of  a  University  is  largely  a  question 
of  money,  it  is  evident  that  these  several  States  are  now 
doing  better  work  in  higher  education  than  the  religious 
denominations.  The  same  conclusion  would  be  reached 
by  a  comparison  of  the  number  of  professors  and  stu- 
dents, size  and  character  of  the  libraries,  and  the  equip- 
ment and  products  of  the  laboratories.  But  this  is 
unnecessary.     It  remains  to-day  as  the  Congress  of  the 


306  THE  UNIVERSITY  01'  TEXAS. 

Republic  of  Texas  foresaw  forty-eight  years  ago,  and 
if  the  people  of  Texas  want  their  sons  to  have  a  thor- 
ough education  they  must  equip  and  sustain  a  IState 
University.  This  has  been  partially  done,  and  in  the 
near  future  it  can,  with  the  help  of  the  friends  of  higher 
learning  inthCkState.be  wholly  done.  Already  the  avail- 
able income  of  the  University  is  $44,000.  This  is 
independent  of  any  appreciable  income  from  its  unsold 
lands.  With  favorable  legislation  these  lands  can  be 
made  to  produce  an  additional  income  of  from  |80,000 
to  $100,000,  and  the  University  will  then  be  able  to 
take  its  place  in  the  ranks  of  the  really  great  institu- 
tions of  the  country. 

"In  the  second  place,  can  the  equal  educational  benefit 
of  all  be  secured  only  through  the  agency  of  the  State? 
It  certainly  cannot  through  the  agency  of  the  religious 
denominations,  because  they  confessedly  build  ^  theii- 
colleges  and  universities  primarily,  as  is  perfectly  righi 
and  proper,  for  their  own  benefit,  not  for  the  benefit  ol' 
all.  ^  The  board  of  trust  of  a  college  or  university 
founded  b}^  a  particular  religious  denomination  is  made 
up,  as  it  should  be,  of  men  of  that  denomination,  and 
the  professors,  so  far  as  possible  are,  as  they  should  be, 
selected  from  that  denomination.  Sectarianism  may 
not  be  taught;  but  the  atmosphere  of  the  institution  is 
Catholic,  Methodist  or  Baptist,  as  the  case  may  be. 
Evidently  the  equal  education  of  all  cannot  be  secured 
at  such  a  university,  tor  the  simple  reason  that  the 
majority  of  the  people  of  the  State  generally  differ  in 
religious  opinion  with  the  founders  of  any  particular 
denominational  institution.  This  majority  either  want 
their  children  educated  in  no  sectarian  atmos- 
phere, or  the  believer  in  each  separate  creed  wants  an 
atmosphere  of  his  own.  It  remains,  therefore,  that 
no  matter  how  many  sectarian  universities  we  may 
have,  or  how  well  they  may  be  endowed,  the  only 
agency  by  which  equal  educational  advantages  can  be 
secured  to  all  is  the  State;  and  the  men  of  '39  and  '58 
were  wise  in  providing  for  the  establishment  of  a  Uni- 
versity where  the  sons  of  the  State  might  receive  an 
unbiased  thorough  education. 

'What  did  those  men  of  '39  and  '58  mean  bv  a  Uni- 


THE  UNIVERSITY  OF  TEXAS.  307 

versity?  What  kind  of  an  institution  did  the  framers 
of  the  constitution  of  '76  have  in  mind  when  they  de- 
clared that  the  University  of  Texas  should  be  "of  the 
first  class." 

"I  am  inclined  to  think  that  there  is  in  the  minds  of 
many  people  a  misapprehension  in  regard  to  the  nature 
of  a  university.  Perhaps  it  would  be  more  correct  to 
say  that  there  is  a  certain  lack  of  apprehension  as  to 
what  constitutes  the  defining  of  an  American  Univer- 
sity. This  is  not  altogether  the  fault  of  the  people. 
The  term  university  has  been  and  is  appliea  by  Amer- 
icans to  so  many  grades  of  institutions  of  learning,  and 
has  been  assumed  by  so  many  different  kinds  of  schools, 
that  it  has  long  ceased  to  convey  any  clear  and  dis- 
tinct meaning.  The  consequence  of  this  is  that  a  really 
useful  word  has,  in  the  literature  of  education,  become 
almost  hopelessly  confused. 

"Many  people  speak  of  a  university  as  if  it  was,  or 
should  be,  a  school  distinguished  b}^  the  number  of  its 
pupils,  and  the  size  of  its  graduating  classes.  Accord- 
ing to  this  characterization  there  is  a  normal  school  at 
Lebanon,  Ohio,  which  should  be  the  University  of 
America,  for  it  has,  I  believe,  nearly  fewo  thousand 
pupils,  and  graduates  its  classes  every  six  weeks. 
Others  think  the  test  of  a  university  is  by  advancement 
of  the  students  who  are  admitted  to  its  classes.  They 
have  in  their  mind  a  stair-step  arrangement  up  which 
the  student  must  pass  before  he  enters  the  university — 
the  primary  school,  the  high  school,  and  the  college. 
Their  favorite  expression  is,  "A  real  university  admits 
only  college  students."  It  does  not  disturb  the  advo- 
cates of  this  theory  that  such  a  test  would  exclude 
from  the  list  of  universities  Harvard  and  Yale  and 
Priceton  and  Johns  Hopkins.  "Well,"  they  say,  "this 
proves  that  they  are  not  real  universities."  "The 
American  university  is  yet  to  come,"  etc.  Of  late 
years  there  has  been  another  test  of  a  uryversity  made 
public  and  proclaimed  with  all  the  enthusiasm  of  a 
new  discover}.  "That  institution,"  it  is  said,  "is  a 
university  where  original  research  is  carried  on  ;  where 
investigation  and  discovery  go  hand  in  hand;  where 
learned   men  devote    their  time  and  talent  to  experi- 


308  THE  UNIVERSITY  OF  TEXAS. 

raent  and  invention."  If  research  is  the  test  of  a 
university,  and  if  its  efficiency  is  to  be  measured  by  the 
means  afforded  for  original  investigation,  then  the 
American  university,  in  its  most  perfect  development, 
is  to  be  found  in  the  shops  of  Thomas  Edison  at  Menlo 
Park,  at  the  Bessemer  Steel  Works,  or  in  the  offices  of 
the  Western  Union  Telegraph  Company. 

"I  take  it  the  real  Universit}^  should  be  judged  more 
by  the  scope  and  reach  of  its  instruction  than  by  the 
number  of  its  students  or  the  size  of  its  graduating 
classes;  that  it  should  be  tested  more  by  the  character 
and  attainments  of  those  it  sends  out  into  the  world 
than  by  the  age  and  advancement  of  those  it  admits 
into  its  lecture  rooms;  and  that  the  ability  of  its  stu- 
dents to  make  original  investigations  in  literature,  in 
science  and  art,  is  a  better  evidence  of  its  efficacy  as  a 
University  than  the  contributions  in  the  same  line  by 
members  of  its  faculty.  In  our  efforts  to  get  a -clear 
conception  of  the  University  we  must  never  lose  sight 
of  the  fact  that  it  is  essentially  and  emphatically  a 
school.  It  is  a  place  where  the  main  object  is.  not  to 
accumulate  vast  libraries,  not  to  store  away  the  treasures 
of  art,  nor  to  provide  laboratories  where  learned  pro- 
fessors in  retired  leisure  can  make  original  research  into 
"nature's  infinite  book  of  secrecy."  These  are  all 
praiseworthy  objects  and  must  always  be  kept  in  view, 
but  they  are  secondary  objects.  The  primary  object 
of  the  University  is  to  teach,  to  train  the  human  intel- 
lect, to  cultivate  the  finer  instincts  and  to  develop  the 
higher  nature  of  men  and  women.  In  the  words  of 
the  preamble  of  the  act  of  1858,  the  object  of  the 
University  is  "to  place  within  the  reach  of  our  people 
whether  rich  or  poor,  the  opportunity  of  conferring 
upon  their  sons  and  daughters  a  thorough  education. 
°  *  *  I  do  not  wish  to  be  understood  as  underrating 
the  importance  and  value  of  original  work  by  Univer- 
sity professoi;s,  but  I  wish  to  emphasize  the  fact  that 
original  work  is  not  the  only  or  the  chief  part  of  a 
professor's  duty.  His  main  duty  is  to  teach,  not  to 
discover;  to  train  investigators,  not  necessarily  to  be 
one.  The  two,  however,  are  not  incompatible.  It  was 
ray  good  fortune  to  attend  the  lectures  of  Louis  Agassiz, 


THE  UNIVERSITY  OF  TEXAS.  309 

and  I  can  bear  witness  to  his  wonderful  skill  as  a 
teacher  as  well  as  to  his  great  genius  in  the  discovery 
and  promulgation  of  new  truths.  Original  investi- 
gators, inventors  and  writers,  who  at  the  same  time  are 
not  teachers,  have  a  place  in  the  world,  a  high  and 
honorable  place,  but  that  place  is  not  a  professor's  chair 
in  a  University.  Likewise  experimental  stations,  where 
the  main  end  in  view  is  original  investigation,  are  use- 
ful institutions;   but  they  are  not  universities. 

"I  take  it  that  the  ideal  American  university  is,  or 
should  be,  a  great  school  differing  from  other  schools 
mainly  in  the  facilities  it  possesses  of  imparting  in- 
struction and  the  extent  to  which  this  instruction  can 
be  carried  in  all  the  departments  of  human  learning. 
These  facilities  should  consist  primarily  of  a  faculty  so 
numerous  and  selected  and  assigned  that  each  member 
can  make  himself,  relatively  speaking,  master  of  the 
subject  he  is  expected  to  teach,  and  these  subjects  to  be 
taught,  should  be  so  multiplied  and  so  divided  and  so 
grouped  that  they  should  together  exhaust  as  far  as 
possible  the  entire  field  of  human  knowledge,  and  yet 
afford  a  student  the  possibility  of  taking  a  well  defined 
course,  complete  in  itself  upon  a  variety''  of  lines,  each 
of  which  leads  in  a  reasonable  time,  to  a  well  recognized 
standard  of  mental  training.  As  an  indication  of  what 
has  been  done  towards  suppljang  this  requisite  of  a 
university's  equipment,  I  beg  to  call  attention  to  the 
catalogue  of  Harvard  University  for  1886-b7.  This 
shows  that  there  are  now  in  that  great  school  more 
than  two  hundred  teachers  and  officers,  and  that  in  the 
college  proper,  or  the  academical  department,  there  are 
220  courses  of  study,  falling  in  twenty-two  groups. 

"On  the  28th  day  of  October  of  the  past  year,  amid 
the  shouts  of  men,  the  blasts  of  horns,  and  the  boom  of 
cannon,  a  colossal  statue  was  unveiled  in  New  York 
harbor.  There  it  stands  with  uplifted  torch,  a  majestic 
symbol  of  Liberty  enlightening  the  world.  It  is  an  im- 
posing monument,  worth,  on  account  of  the  sentiment 
it  emphasizes,  perhaps,  all  it  cost.  But  how  much 
grander  was  the  monument  erected  by  the  burghers  of 
Leyden!  How  much  nobler  in  its  conception,  and  in 
its  purpose  is  the  beacon  erected  by  the  fathers  of  Texas, 


310  THE  UNIVERSITY  OF  TEXAS. 

and  whose  fires  have  been  so  lately  kindled!  Let  the 
friends  of  learning  and  morality  see  to  it  that  at  these 
fires  it  shall  always  be  possible  for  any  young  man  to 
light  a  torch  'that  may  flash  from  uplifted  hand  to 
hand  along  the  generations,'  enlightening  the  world 
with  the  light  of  truth  and  knowledge.'' 

[Address  of  Judge  McLeary.] 

Hon.  J.  H.  McLeary  of  San  Antonio,  formerly  At- 
torney General  of  Texas,  in  a  beautiful  address  at  the 
University  commencement  June,  1890,  on  the  subject 
of  ''The  Utility  of  University  Education,"  thus  forcibly 
alludes  to  the  purposes  of  the  institution : 

"The  day  is  at  hand  when  a  university  of  the  first 
class,  such  as  is  demanded  by  the  constitution  and  laws 
of  Texas,  must  be  a  federation  of  colleges  or  schools, 
each  devoted  to  some  peculiar  method  of  mental  dis- 
cipline, some  special  department  of  learning,  or  some 
technical  or  professional  art  or  science.  Something 
like  this  seems  to  me  to  be  the  true  idea  of  a  great 
university.  Let  the  union  be  strong  enough  to  bind 
the  several  parts  together  in  one  common  purpose  and 
under  a  single  management,  but  let  the  schools  or  col- 
leges each  pursue  its  own  methods  and  strive  in  its 
own  way  to  accomplish  its  special  purpose. 

"The  purpose  of  education  is  not  to  store  the  mind 
like  a  vault  with  the  golden  treasures  of  truth  or  the 
sparkling  gems  of  wisdom,  but  to  perfect  and  brighten 
by  culture,  exercise,  and  discipline  that  ray  of  the 
supreme  intelligence,  that  atom  of  the  divine  essence, 
which  we  presume  to  call  the  intellect  or  soul  of  man. 
When  the  wings  of  our  immortality  are  stretched  forth 
towards  heaven  how  can  we  fetter  them  with  the  sor- 
did cares  ot  earth  and  chain  down  the  eagle  which  fain 
would  seek  the  sun?  Such  of  us  as  have  a  proper 
sense  of  the  position  which  God  has  assigned  to  the 
human  race  in  the  marvelous  scheme  of  the  universe, 
cannot  fail  to  appreciate  the  supreme  importance  of 
thorough  intellectual  culture  and  discipline.  The  mind 
is  not  a  trap  to  catch  facts  and  figures  found  running 
at  large  in  books  or  escaping  from  the  lips  of  learned 
men  in    lectures,  but  it  is  a  bow,  a  rifle,  a  needle  gun, 


THE  UNIVERSITY  OF  TEXAS.  311 

or  a  gigantic  cannon  with  which  to  accomplish  the 
greatest  miracles  which  hunters  or  warriors  ever  yet 
have  dreamed  of;  or  rather  it  is  a  harp  or  an  organ, 
from  which,  when  fully  brought  to  perfection  by  use 
and  training,  the  fingers  of  Deity  shall  draw  forth 
music  worthy  to  echo  and  reverberate  throughout  the 
universe,  and  to  accompany  the  song  which  the  morn- 
ing stars  sang  together  at  creation's  dawn. 

"In  this  iron  age  the  university  should  be  the  great 
intellectual  gymnasium  where  the  best  and  brightest 
minds  in  every  country  are  congregated  and  trained 
and  disciplined  in  every  faculty,  until  each  has  attain- 
ed its  highest  capacity  of  intellectual  vigor.  The  uni- 
versity is  no  longer  a  fountain  from  which  to  quaff  the 
Pierian  draught  of  learning,  but  an  arena  in  which  the 
athlete  wrestles,  hurls  the  discus  or  the  javelin,  leaps 
or  runs  the  race,  or  contends  in  the  grand  pentathlon, 
where  success  gives  to  the  strongest  and  most  active 
mind  the  olive  crown  of  victory.  So  in  the  great 
bivouac  of  life.  The  hero  armed  cap-a-pie,  with  all  the 
advantages  of  a  thorough  university  education,  takes 
his  self-made  antagonist  at  long  range,  with  a  repeat- 
ing rifle  of  the  latest  improved  pattern,  and  victory  is 
only  a  question  of  distance  and  bullets.  This  is  true 
of  every  occupation,  the  law  as  well  as  surgery,  archi- 
tecture as  well  as  agriculture,  commerce  as  well  as 
manufacturing.  The  man  or  woman  with  the  best  dis- 
ciplined mind,  with  the  best  filled  magazine  of  facts 
and  figures,  must  prevail  whenever  two  or  more  are 
brought  into  active  competition.  Then  it  behooves 
every  young  man,  and  every  young  woman,  too,  to 
arm  for  the  conflict.  If  mere  bread-winning  is  your 
lowly  aim,  even  in  that  you  will  realize  a  great  advan- 
tage by  having  the  highest  education  possible  to  attain. 
A  difl'erence  in  natural  talents  will  of  course  do  much 
to  equalize  in  some  cases  the  disadvantages  to  be  suffer- 
ed from  want  of  discipline  and  culture;  but  suppose 
that  the  superior  talents  are  on  the  same  side  with  the 
better  education,  where  will  tlie  unfortunate  self  made, 
half-educated  contestant  appear  on  such  a  battlefield? 
Whether  or  not  it  is  true,  in  the  language  of  the  old 
aphorism,  that  'knowledge  is  power,'  no  one  can  doubt 


312  THE  UNIVERSITY  OF  TEXAS. 

that  knowledge  is  a  means  of  power.  If  we  but  prop- 
erly use  the  means  the  end  can  be  attained,  and  suc- 
cess will  surely  follow;  and  with  success  comes  happi- 
ness; so  that  'Finis  coronat  opus.' 

"In  this  age  of  steel  and  electricity,  this  peculiarly 
practical  age,  there  seems  to  be  an  idea  abroad  that  the 
estate  has  no  need  of  highly  educated  men,  much  less 
of  educated  women.  Even  among  the  trustees  and  re- 
gents of  colleges  and  universities  we  find  men  agreeing 
with  the  sentiment  of  Fouquier-Tinville,  the  notorious 
purveyor  of  the  guillotine,  "La  Kepublique  n'a  pas 
besoin  de  savants."  Sometimes  men  like  this  get  into 
the  Texas  Legislature  and  immediately  begin  to  court 
popularity  among  the  ignorant  by  an  attack  upon  the 
University.  To  such  we  might  point  out  the  source  of 
England's  greatness,  in  the  culture  which  finds  its 
home  in  Oxford  and  Cambridge,  and  to  the  glorious 
history  of  France,  which  has  ever  fostered  its  univer- 
sities since  the  days  of  Philip  Augustus,  who  forever 
freed  the  University  of  Paris  from  political  control,  and 
patronized  the  University  of  Montpelier,  which  has  re- 
cently celebrated  its  seventh  hundredth  anniversary. 
And  if  this  higher  culture  is  of  such  incalculable  bene- 
fit in  the  old  countries  of  Europe,  how  much  more  im- 
portant is  it  here  on  this  new  continent,  where  liberty 
has  its  permanent  abiding  place.  In  every  free  state 
it  is  the  highly  educated  who  are  the  most  watchful 
guardians  of  the  people's  rights.  From  the  watch 
towers  of  the  universities  are  sounded  the  alarm  bells 
to  warn  the  people  of  the  encroachments  of  despotic 
power.  John  Hampden,  the  intrepid  defender  of 
English  liberty,  was  an  Oxford  scholar,  and  doubtless 
there  imbibed  the  patriotic  principles  for  which  he,  too 
soon  for  England's  greatness,  offered  up  his  life  on  the 
battlefield.  And  even  now  in  ^pain,  the  most  cele- 
brated scholar  and  orator  of  that  country,  the  great 
Castelar,  is  the  most  unflinching  patriot,  and  publicly 
in  the  Cortes,  under  the  very  shadow  of  the  throne, 
avows  himself  a  republican.  Every  student  in  every 
land  should  wish  him  success  in  founding  a  Spanish 
republic.  George  Washington  and  Thomas  Jefferson 
both  founded  and  fostered,  in  their  native  State  of  Vir- 


THE  UNIVERSITY  OF  TEXAS.  313 

ginia,  institutions  of  learning  intended  to  promote  the 
highest  education ;  and  at  this  day  Washington  and 
Lee  University  and  the  University  of  Virginia  are 
among  the  grandest  monuments  ever  erected  to  their 
genius  and  their  patriotism. 

''If  this  University  is  to  be  what  the  fathers  of  the 
Republic  designed  it  to  be,  no  expese  should  be  spared 
to  secure  for  every  chair  the  ablest  instructor  who  can 
anywhere  be  found,  eminent  for  his  special  merit  in 
the  department  over  which  he  is  called  to  preside.  The 
inadequate  salaries  fixed  by  time-serving  politicians, 
for  the  higest  offices  of  the  State  should  not  be  regard- 
ed as  a  limit  beyond  which  the  regents  could  not  pass 
in  fixing  the  compensation  of  the  learned  men  who 
now  do  and  are  hereafter  to  adorn  this  institution  with 
their  wisdom.  The  past  history,  the  greatness,  and 
the  future  grandeur  of  Texas  all  demand  that  this  Uni- 
versity shall  be  made  the  equal  of  the  very  best  insti- 
tutions on  either  continent.  Without  disparagement 
to  Yale  or  Harvard,  Oxford  or  Cambridge,  Leipsic  or 
Montpelier,  Texas  should  make  our  own  University,  in 
the  present  generation,  'facile  princeps.' " 

POSTHUMOUS    PHILANTHROPY. 

T'he  propriety  of  donations  being  put  into  operation 
while  the  donors  are  living,  rather  than  leave  them  to 
post  mortem  execution,  is  strongly  presented  in  the 
following  editorial  article  from  the  St.  Louis  Globe- 
Democrat: 

"In  his  last  will  and  testament  Benjamin  Franklin 
bequeathed  to  the  cities  of  Boston  and  Philadelphia 
€1000  each,  to  be  invested  for  a  period  of  a  hundred 
years,  and  then  to  be  used  in  helping  deserving  young- 
men  to  start  in  business.  He  calculated  that  the  re- 
investment of  the  income  from  these  sums  would  swell 
them  in  a  century  to  over  $1,000,000;  thus  providing  a 
fund  that  would  be  a  source  of  practical  advantage  to 
a  large  number  of  persons  having  good  claims  to  such 
assistance.  It  was  a  scheme  that  did  honor  to  the  great 
philosopher  and  statesman,  who  had  himself  experienced 
the  difficulty  from  which  he  thus  sought  to  save  others; 
but  it  has  not  turned  out  iis  he  expected.     At  the  end 


314  THE   UNIVERSITY   OF  TEXA8. 

of  the  appointed  time  the  fund  amounts  to  only  one- 
half  as  much  as  he  anticipated;  and  now  his  descend- 
ants claim  the  money  on  the  ground  that  the  terms  of 
the  will  have  not  been  strictly  complied  with  and  the 
gifts  are  therefore  void.  The  matter  has  already  been 
presented  to  the  proper  courts,  and  a  long  course  of 
litigation  will  follow.  Several  intricate  and  important 
questions  are  involved  in  the  case.  The  will  is  written 
in  plain  terms,  but  the  intervening  century  has  affected 
its  provisions  to  a  considerable  extent,  and  its  validity 
becomes  a  question  to  be  determined  under  conditions 
and  according  to  tests  of  which  Franklin  took  no  ac- 
count. Very  likely  the  final  result  will  be  the  defeat 
of  the  testator's  object,  and  the  money  will  go  to  those 
for  whom  it  was  never  intended. 

"This  only  adds  another  to  the  long  list  of  such 
miscarriages  of  benevolence.  It  is  the  rule  rather  than 
the  exception  that  bequests  made  for  philanthropic 
«  purposes,  to  take  effect  at  some  future  time,  are  con- 
tested and  declared  void  on  some  technical  plea.  The 
most  skillful  lawver,  it  seems,  cannot  frame  a  will  so 
well  that  the  courts  shall  be  bound  to  respect,  and  en- 
force it.  Even  Samuel  J.  Tilden  was  unable  to  do  so 
in  the  case  of  his  own  property ;  and  there  are  other 
instances  in  plenty  to  prove  that  there  is  always  a 
vulnerable  point  in  such  documents.  The  lesson  that 
these  contests  teach  is  one  that  men  of  wealth  who 
have  philanthropic  impulses  should  carefully  study. 
It  is  to  the  effect  that  gifts  should  be  made  while  the 
giver  is  alive  to  see  that  they  are  properly  applied. 
There  is  no  reason  why  a  man  should  withhold  his 
benefactions  until  after  his  death.  The  intended  good 
can  just  as  well  be  done  at  an  earlier  date,  thereby 
avoiding  all  danger  of  dispute  or  failure." 

The  following  editorial,  from  the  San  Antonio  Ex- 
press, forcibly  presents  the  same  subject: 

'*If  the  annulment  of  the  will  of  Mr.  Tilden,  creating 
a  trust  fund  and  trustee  administration  for  a  great  pub- 
lic library,  is  sustained  by  the  court  of  appeals  of  New 
York,  the  public  will  be  deprived  of  the  benefits  of  a 
noble  charity. 

''The  case  teaches  a  lesson  to  those  who  lay  up  treas- 


THE  UNIVERSITY  OF  TEXAS.  315 

ures  on  earth  under  the  impression  that  they  are  laying 
'  up  treasures  in  heaven '  b}^  founding  a  charity  with 
funds  which  they  cannot  take  away  with  them.  It 
would  have  been  easy  for  Mr.  Tilden,  with  his  large 
fortune,  to  have  founded  such  a  library  during  his  life 
time,  and  to  have  put  it  into  successful  operation  under 
proper  management.  Then  he  could  have  made  be- 
quests, and  the  corporation  have  taken  from  others 
donations  and  bequests.  Such  an  act  would  have  been 
the  fitting  consummation  of  a  life  full  of  years  and 
honor. 

"One  of  the  longest  and  most  costly  litigations  re- 
ported is  that  of  Mr.  McDonough  of  New  Orleans.  He 
was  reported  to  be  a  man  of  enormous  wealth.  He  never 
made  for  himself  a  home.  He  was  abstemious,  even 
penurious.  He  gave  away  nothing  and  formed  no 
friendships.  After  his  death  it  was  ascertained  by  his 
will  that  during  all  of  his  years  of  self-denial  and  isola- 
tion from  his  fellow  men  it  had  been  the  one  purpose 
of  his  life  to  accumulate  large  wealth  with  which  to 
establish  schools  for  the  education  of  children  in  Balti- 
more and  New  Orleans  after  his  death.  Much  of  the 
estate  was  frittered  away  in  almost  interminable  law 
suits,  under  bad  management.  What  was  recovered  by 
the  public  schools  has  dwindled  away  to  a  sum  insig- 
nificant as  compared  with  the  original  value  of  the 
bequest. 

''It  would  have  been  better  for  them  and  for  posteri- 
ty if  Tilden  and  McDonough  could  have  had  before 
them  the  examples  of  Mr.  Vanderbilt,  who  endowed 
the  Vanderbilt  University  at  Nashville,  and  of  Mr,  Tu- 
lane,  who  endowed  the  Tulane  University  at  New  Or- 
leans. During  their  lives,  while  they  were  able  to 
organize  and  direct,  they  laid  the  foundations  of  two 
permanent  charities  which  will  be  lasting  monuments 
to  their  philanthopy,  and  which  they  saw  arise  upon 
a  sure  basis  with  the  approbation  of  men.  Such  monu- 
ments are  more  grandly  commemorative  than  tomb- 
stones or  epitaphs,  or  than  the  posthumous  donation.^ 
which  represent  the  wealth  that  the  owners  gave  only 
when  they  could  not  carry  it  away,  and  left  to  all  the 
chances  of  litigation." 


316  THE  UNIVERSITY  OF  TEXAS. 

MILLIONS    IN    EDUCATIONAL    BEQUESTS. 

New  York,  December  8,  1890. — The  will  of  Daniel 
B.  Fairweatlier,  the  rnillionaire  leather  dealer,  which 
was  filed  to-day,  gives  $2,100,000  to  difi'erent  colleges 
and  $95,000  to  hospitals.  The  will  was  made  on  Octo- 
ber 6,  1880,  and  has  four  codicils.  The  testator  died 
on  November  15,  1890.  The  executors  are  Justus  L. 
Buckley,  Henry  B.  Vaughan  and  Thomas  B.  Kich. 
The  following  bequests  were  made :  Yale  College,  for 
Sheffield  Scientific  school,  $300,000;  Columbia  College, 
$200,000:  Cornell  University,  $200,000;  Bowdoin  Col- 
lege, $100,000;  Amherst  College,  $100,000;  Williams 
College,  $100,000;  Dartmouth  College,  $100,000;  Wes^ 
leyan  University,  $100,000;  Hamilton  College, $100,000; 
University  of  Rochester,  $100,000;  Lincoln  University, 
$100,000;  University  of  Virginia,  $100,000;  Hampton 
University,  $100,000;  Marysville  College,  $100,000; 
Union  Theological  Seminary  and  endowment  of  cadet- 
ships,  $50,000;  Lafayette  College,  $50,000;  Marietta 
College,  $50,000;  Adelbert  College,  $oO,000;  Wabash 
College,  $50,000;  Pach  College,  $50,000. 

The  residue  of  his  estate,  which  was  also  to  have 
gone  to  these  colleges  pro  rata,  is  changed  by  a  codicil 
so  that  it  IS  given  absolutely  to  the  executors  and  their 
heirs  and  assigns.  The  hospitals  given  bequests  are  all 
in  this  city. 

New  York,  January  8,  1891. — There  has  been  talk 
about  a  contest  of  the  will  of  the  late  Elizabeth  P. 
Fogg  of  this  city,  who,  it  is  said,  has  left  one  of  her 
three  millions  to  colleges  and  charities.  The  old  lady 
was,  so  her  acquaintances  say,  somewhat  eccentric.  On 
one  occasion  she  gave  two  persons  proxies  to  represent 
her  at  a  meeting  of  the  stockholders  in  a  company  in 
which  she  was  interested,  and  her  eccentricity  was 
shown  in  various  other  ways.  One  of  the  heirs  said 
to-day,  though,  that  a  contest  was  improbable.  Ac 
cording  to  a  friend  of  the  family,  who  has  seen  the 
will,  Mrs.  Fogg  makes  a  cousin  of  hers  the  principal 
legatee,  and  leaves  the  greater  part  of  the  residue  of 
her  estate  to  certain  leading  universities  and  charities. 
Mrs.  Fogg  lived  in  a  suburb  of  Boston  prior  to  her 
marriage,  and,  it  is   presumed,    became    interested    in 


THE  UNIVERSITY  OF  TEXAS.  317 

Harvard  College,  Anyway,  in  her  will  she  leaves 
about  |260,OpO  to  Harvard  and  something  like  $100,000 
to  Yale.  It  is  said  that  an  acquaintanceship  of  long 
standing  with  Mrs.  Timothy  Dwight,  wife  of  the  Presi- 
dent of  Yale,  led  to  the  latter  legacy.  The  rest  of  the 
$1,000,000  devised  by  Mrs.  Fogg  to  charitable  and  edu- 
cational institutions  does  not,  it  is  said,  include  much 
for  religious  organizations.  Mrs.  Fogg  was  a  Unitarian. 
The  town  of  Berwick,  Me  ,  from  which  came  her  hus*- 
band,  the  late  Wm.  H.  Fogg,  is,  it  is  said,  remembered, 
and  so  are  institutions  in  which  Mr.  Fogg  was  inter- 
ested. About  ten  days  prior  to  her  death  Mrs.  Fogg 
made  a  codicil  to  her  will,  by  which  various  local  char- 
ities would  have  been  benefited  to  the  extent  of  $200,- 
000.  Unfortunately  for  the  charities  in  question,  the 
law  of  this  State  makes  void  any  codicil  of  this  kind 
drawn  less  than  thirty  days  before  the  death  of  the 
testator. — [Cor.  St.  Louis  Kepublic. 

DEATH    OF    HON.    ASHBEL    SMITH. 

At  the  first  meeting  after  the  appointment  of  the 
Board  of  Regents  of  the  University,  which  was  held  at 
Austin,  November  14,  1881,  Dr.  Ashbel  Smith  was 
unanimously  elected  president  of  the  board,  and  con- 
tinued to  serve  in  that  responsible  capacity  till  the  day 
of  his  death,  January  21,  1886,  which  occurred  at  his 
home  near  the  city  of  Houston.  Under  the  action  of 
the  regents  and  the  State  authorities,  his  remains  were 
brought  to  Austin  and  interred  the  next  day  with  high 
civic  and  military  honors  in  the  State  cemetery,  the 
funeral  procession  being  one  of  the  largest  and  most 
imposing  ever  witnessed  at  the  State  capital.  The 
following  references  to  his  death  and  services  are  taken 
from  the  regent's  report : 

"The  University  in  a  large  measure  owes  its  present 
degree  of  prosperity  to  Dr.  Smith's  unwearied  exertions 
and  never  flagging  interest,  and  to  his  enthusiasm  for 
classical  learning  and  his  abiding  faith  in  liberal  edu- 
cation. In  recognition  of  his  eminent  services  the 
Board  of  Regents  unanimously  adopted  the  following 
resolutions : 

"University  of  Texas,  January  29,  1886. 

"Whereas,  In  the  fullness  of  his   years  and  iu  the 


318  THE  UNIVERSITY  OF  TEXAS. 

ripeness  of  his  wisdom  and  experience  our  beloved  and 
venerable  president,  Hon.  Ashbel  :Smith,  has  been  called 
to  his  eternal  rest  and  reward  ;  and 

"  Whereas,  In  his  death  we  recognize  that  not  only  our 
University,  but  our  State,  has  sustained  a  great  if  not 
irreparable  loss;  thereupon  resolved: 

"  1.  It  is  impossible  within  the  scope  of  these  resolu- 
tions to  do  justice  to  the  faithful  and  distinguished 
services  of  Ashbel  Smith  rendered  to  Texas  since  the 
foundation  of  her  government — as  soldier  in  the  war 
for  independence,  as  her  minister  to  foreign  countries, 
as  legislator  and  as  citizen — their  record  will  be  found 
upon  the  illustrious  pages  of  her  history. 

"  2.  He  was  one  of  those  who  incorporated  the 
University,  and  the  energies  and  wisdom  of  his  last 
years  were  devoted  almost  exclusively  to  the  organiza- 
tion and  successful  inauguration  of  our  University — in 
the  welfare  of  which  we  can  truly  say  he  took  a  deeper 
pride  and  interest  than  any  other  citizen  of  Texas;  and 
the  present  prosperity  and  success  of  the  institution  is 
largely  due  to  his  disinterested  and  noble  efforts.  In- 
deed it  may  well  be  said  of  him  that  he  was,  so  far  as 
the  practical  inauguration  of  the  institution  is  con- 
cerned, the  'father  of  the  University  of  Texas.' 

"3.  He  was  permitted  and  blessed  with  life  to  see 
for  three  years  the  fruition  of  his  patriotic  ambition  in 
looking  forward  to  a  Texas  University  of  the  first  class ; 
and  far  better  and  more  enduring  than  marble  or  brazen 
shaft,  this  University  will  always  stand  as  a  monument 
to  the  high  and  noble  aims  of  Ashbel  Smith.'' 

The  faculty  of  the  University,  on  the  twenty-second 
of  January,  1886,  met  in  their  room  and  took  the  fol- 
lowing action : 

"January  22,  1886. 

"Pursuant  to  adjournment,  the  faculty  assembled  at 
4  o'clock  p.  m.  Present,  Dr.  Waggener,  chairman  of 
the  faculty,  and  Professors  Everhart,  Macfarlane,  Talli- 
chet,  Humphrej^s,  Gould,  Roberts,  Dabney,  Flalsted, 
Lane,  and  Instructors  Garrison  and  Gompertz.  Also, 
Regent  T.  D.  Wooten ;  A.  P.  Wooldridge,  secretary  of 
the  Board  of  Regents ;  Gen.  H.  P.  Bee ;  General  Roberts, 
representing  Adjutant  General  King  for  the  '^tate;  and. 


THE  UNIVERSITY  OF  TEXAS.  319 

as  a  committee  to  represent  the  students,  Messrs.  A.  A. 
Little,  J.  L.  Storey,  P.  B.  Bailey,,  H.  K.  White  and  W. 
H.  Younger. 

"  The  following  report  of  the  committee  on  resolutions 
(Professors  Roberts,  Dabney  and  Waggener)  was  unan- 
imously adopted: 

"Whereas,  The  members  of  the  faculty  have  been 
informed  of  the  death  of  Colonel  Ashbel  Smith,  presi- 
dent of  the  Board  of  Regents  of  the  University  of 
Texas  from  its  organization  to  the  date  of  his  death,  on 
the  twenty-first  of  January,  ia86,  which  is  to  them  the 
cause  of  serious  regret  and  sorrow. 

"Whereas,  Colonel  Smith,  had  been,  for  nearly  half 
a  century,  a  distinguished  citizen  of  Texas,  ever  ready 
to  promote  her  best  interests  with  signal  ability  and  dis- 
interested patriotism  in  the  many  responsible  positions 
which  he  has  occupied,  as  a  learned  physician,  as  Min- 
ister to  the  Courts  of  England  and  France  from  the 
Republic  of  Texas,  in  a  most  important  period  of  its 
history,  as  a  legislator  in  the  councils  of  his  State,  as  a» 
soldier  in  the  service  of  his  country,  as  an  erudite 
scholar  and  promoter  of  education,  as  a  man  of  high 
sense  of  honor  and  exalted  principles  in  thought  and 
action,  ever  philanthropic  in  his  efforts  to  elevate  the 
.-society  in  which  his  destiny  was  cast,  setting  the  rare 
example  of  a  life-time  of  work  for  the  public  good, 
without  seeking  its  merited  return  in  high  offices  of 
honor  or  profit. 

•'Whereas,  His  diversified  learning,  his  devotion  to 
the  higher  education  and  his  extensive  information  in 
regard  to  the  colleges  and  universities  of  Europe  and 
America  pre-eminently  fitted  him  for  the  presidency  of 
of  the  Board  of  Regents  of  the  University  of  this  State, 
to  which  position  he  has  given  his  almost  constant  at- 
tention, well  directed  efforts  and  great  influence,  which, 
by  the  co-operation  of  his  associates  in  the  regency, 
have  placed  the  University  from  its  origin  upon  a  high 
standard,  and  made  it  practicable  for  this  institution 
to  become  what  the  State  in  its  constitution  has  or- 
dained it  shall  be — 'a  University  of  the  first  class;' 
therefore,  be  it 

"Resolved,  That  in  the  death  of  Colonel  Ashbel  Smith 


320  THE  UNIVERSITY  OF  TEXAS. 

the  State  has  lost  one  of  its  most  distinguished  citizens; 
education  one  of  its  most  intelligent  votaries;  society 
one  of  its  most  urbane  and  high-toned  Christian  gen- 
tleman;  science  one  of  its  earnest  workers;  humanity 
a  good  man  and  true  among  his  fellows,  and  the  Uni- 
versity of  Texas  one  of  its  earliest,  most  ardent  and  de- 
voted benefactors,  whose  useful  labors  for  its  benefit, 
and  whose  thoughtful  and  courteous  demeanor  towards 
the  members  of  the  faculty  will  ever  be  held  in  most 
grateful  remembrance  by  them. 

"At  the  last  commencement,  June  14,  1886,  Dr.  A. 
G.  Clopton  of  Jefferson,  Texas,  by  request  of  the  re- 
gents and  faculty,  delivered  a  memorial  address  on  the 
life  and  character  of  Ashbel  Smith.  This  eloquent  ad- 
dress has  been  published*  and  it  is  hoped  that  in  this 
way  the  regents  have  contributed  towards  perpetuating 
the  memor}^  of  a  good  and  great  man ;  and  it  is  hoped 
that  the  youth  of  the  State  will  copy  the  example  and 
follow  in  the  footsteps  of  one  whose  last  years  were 
♦<pent  in  building  up  a  University  for  them. 

' '  Respectfullv  submitted , 

"T.   D.  WOOTEN, 

"■President  Board  of  Regents." 
Dr.  Smith  was  born  in  Hartford,  Conn.,  August  13, 
1806,  and  was  graduated  from  Yale  College  in  the 
academic  department  in  1824.  He  subsequently  prac- 
ticed law  in  Salisbury,  N.  C,  but  returned  to  Yale  and 
graduated  in  the  medical  department.  He  extended 
his  studies  in  surgery  in  France,  and  practiced  medi- 
cine several  years  in  Salisbury.     He  never  married. 

In  June,  1837,  he  arrived  in  Texas  and  was  soon 
after  appointed  Surgeon  General  in  the  Texan  army, 
[n  December,  1838,  he  resumed  the  practice  of  medi- 
cine in  (jralveston.  In  February,  1842,  President 
Houston  appointed  him  Minister  to  Great  Britain.  In 
1845  he  was  appointed  Secretary  of  State  by  President 
Jones.  He  served  in  the  army  of  Gen.  Taylor  in  Mex- 
ico, and  was  Colonel  of  a  regiment  in  the  Confederate 
war.  He  was  in  1882  President  of  the  State  Medical 
Association,  and  had  served  several  sessions  as  a  mem- 

*The  address  was  published  in  pamphlet  form  by  the  University  regents,  and 
subsequently  in  the  University  catalogue. 


THE  UNIVERSITY  OF  TEXAS.  321 

ber  of  the  State  Legislature  prior  to  his  appointment 
as  a  member  of  the  Board  of  University  Regents. 

The  crowning  aim  of  Ashbel  Smith  was  to  promote 
the  success  of  The  University  of  Texas. 

NOTE. 

As  the  University  is  comparatively  still  in  its  in- 
fancy, the  writer  has  not  cared  to  criticise  its  opera- 
tions more  freely  or  notice  complaints  of  mere  personal 
nature  as  to  members  of  the  faculty,  all  of  whom  are 
certainl}'  earnest  in  their  work  and  devoted  to  the 
interests  of  the  University.  Such  complaints  never 
fail  to  exist  in  the  history  of  educational  institutions, 
and  especially  as  to  State  universities,  which  as  public 
beneficiaries,  are  naturally  subject  to  the  severest 
scrutiny,  and  often  most  unreasonable  censure.  Some 
of  them  relate  to  controversies  with  the  press  and  the 
public,  as  to  lectures  and  published  articles  of  some  of 
the  professors,  which  may  be  noticed  by  the  writer  in 
another  volume,  but  are  more  likely  to  be  left  to  the  at- 
tention of  other  chroniclers. 

Among  the  minor  incidents  of  pleasing  note  in  the 
history  of  the  institution  was  a  beautiful  poem  by  Mrs. 
Clark,  wife  of  Captain  Clark,  and  assistant  in  his 
duties  as  proctor,  which  was  read  by  that  very  accom- 
plished lady,  and  constituted  an  interesting  feature  of 
one  of  the  University  commencements. 

Acknowledgments  are  due  to  Major  H.  M.  Holmes, 
Private  Secretary  of  Governor  Ross;  Hon.  J.  M.  Moore, 
Secretary  of  State;  Hon.  L.  L.  Foster,  Commissoner  of 
History  and  Statistics;  Hon.  O.  H.  Cooper,  Superin- 
tendent of  Public  Instruction ;  Capt.  James  P.  Clark, 
the  University  Proctor,  and  Hon.  A.  P.  Wooldridge, 
Secretary  of  the  University  Regents,  for  access  to 
official  records.  Also  to  Messrs.  Butts,  Calloway,  Spain 
and  Miss  Lizzie  Brannin,  clerks  in  the  State  Depart- 
ment; Messrs.  Dixon,  Dodge,  Hollingsworth,  McGuire 
and  Miss  Elizabeth  Brewster  of  Commissioner  Foster's 
office;  and  Messrs.  Cooper,  Clopton,  Carruth  and 
Thweatt  of  the  Department  of  Education,  and  Messrs. 
John  M.  Romagny  and  M.  H.  Warner,  of  Galveston, 
for  special  attentions. 


322  THE  UNIVERSITY  01'  TEXAS. 

BIBLIOGRAPHY    OF    THE    UNIVERSITY. 

1.  Acts   of  Congress,  the  Constitution  and  messages 

of  the  Presidents,  and  other  records  of  the  Ke- 
public  of  Texas. 

2.  Acts   of  the    Legislature,  State    Constitutions  and 

Journals  of  the  Legislature  and  State  Conven- 
tions, Governors'  Messages,  Reports  of  State 
Officers,  and  other  documents  published  by  the 
State. 
'.I.  Acts  of  the  Legislature  enacting  and  amending  the 
General  Laws  of  the  State  governing  the  sale  or 
lease  of  School  and  University  lands. 

4.  Acts  of  General  Appropriations,   including  appro- 

priations for  the  University  and  for  its  branches, 
and  special  acts  of  the  Legislature  for  the  same 
purpose. 

5.  Decisions   of  the    United  States  Courts  in  Texas, 

and  of  the  State  Supreme  Court,  affecting  Uni- 
versity Lands  or  other  interests  of  the  Univer- 
sity. 

6.  Digests   of  Laws  of  Texas,  by  Hartley,   Paschal, 

Sayle,  Posey,  Odom  &  Williams,  and  other  com- 
pilers. 

7.  Reports  of   the  University  Regents,  Faculty  Re- 

ports, Catalogues,  Circulars,  Addresses,  Bulletins, 
etc.,  published  by  the  University  authorities, 
and  Magazines  published  by  the  University 
students. 

8.  Reports  of  the  State  Comptroller,  specially  on  the 

"University  Fund." 

9.  Reports   of  State    Land   Commissioner   and   State 

Land  Board  on  "University  Lands." 
10.   Reports   of    State    Superintendent   of   Instruction 

and    State    Board    of    Education,    and    Texas 

School  Journals. 
No   history    of  The    University  of  Texas    has   been 
heretofore  written,  and  it  is  barely  referred  to  in  any 
published  history  of  the  State. 


lllii?SK,ll^'^'°'*''^'-  l-IBRARY  FACILITY 


AA    000  873 


16    8 


